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ABSTRACT  OF  THE  LAWS 


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AN    ABSTRACT 


LAWS  OF  THE  STATE, 


ORDINANCES  OF   THE    CORPORATION 


^OF  THE 


CITY  OF  NEW  YORK, 


IN    RELATION   TO 


^ESSSLS,   IXTHARVISS,    SLXFS,   FZSRS, 


BY  WILLIAM  JAY  HASKETT, 

it 

ATTORNEY  AND  COUNSELLOR  AT  LAwf 


PROCTOR  AND   ADVOCATE    IN   ADMIRALTY. 


MERALD  BOOK   AND  JOB  PRINTING   OFFICE,   97  NASSAU  STREET. 
1S40. 


•^ 


"  Entered  according  to  Act  of  Congress,  in  the  Year  1845. 

BY  WM.  JAY  HASKETT, 

In  the  Clerk's  Office  of  the  District  Court  of  the  Southern  District  of 
J^ew   York. 


PREFACE 


This  work  is  intended  to  present  to  masters  and  owners  of 
vessels,  frequenting  the  port  of  New  York,  an  abstract  of 
the  law  of  the  state,  and  of  the  Corporation  ordinances,  in 
relation  to  vessels,  wharves,  piers,  slips,  basins^  wrecks  and 
salvage.  It  contains,  in  some  instances,  the  substance  of  the 
statutes ;  in  others^  the  very  language  of  the  law,  particu- 
larly the  penal  clauses,  so  that  masters  and  owners  may  know 
their  duties  and  rights,  when  they  approach  >and  lay  at  our 
wharves. '  This  knowledge  has  now  become  of  more  import- 
ance than  formerly,  since  the  passage  of  the  municipal  police 
bill,  as  its  officers  are  scattered  over  our  wharves,  and  ready 
to  enforce  the  ordinances,  and  punish  those  who  violate  them- 
It  cannot  be  expected^  nor  is  it  pretended,  that  this  book  will 
answer  every  question  which  may  arise  between  masters  of 
vessels  and  the  city  authorities ;  but  an  attentive  perusal  will 
instruct  them  in  those  duties  which  the  law  requires  of  them, 
when  in  port  at  the  wharves.  This  work  was  induced  by  the 
many  questions  presented  by  masters  and  owners  for  my  pro- 
fessional advice,  all  of  which  were  generally  answered  by 
turning  to  the  statute  law  of  the  state,  or  the  corporation 
ordinances.  It  is  evident,  that  a  perusal  of  the  directory  and 
penal  clauses  of  the  statutes  and  ordinances  will  save  much 
time  and  expense,  both  in  the  fees  of  counsel  and  in  the  vexa- 
tion of  those  suits  which  follow  the  violation  of  the  laws. 


^^ 


WILLIAM  JAY  HASKETT, 
ATTORNEY  AND   COUNSELLOR  AT  LAW, 

PROCTOR  AND  ADVOCATE  IN  ADMIRALTY, 

Gives  his  especial  attention  to  all  matters  in  the  Maritime  Lau^,  in  the- 
preparing,  in  a  legal  manner,  of  bills  of  sale  of  vessels  and  the  examina- 
tion of  their  titles — to  the  h}pothecation  of  vessels  by  mortgage,  bot- 
tomry and  respondentia  bonds — to  the  collection  of  demands  ft-r  freight 
— ship-wrights'  and  ship-chandlers'  bills — and  to  the  recovery  of 
damages  for  injuries  done  to  vessels  by  collision.  Marine  protests,  in 
cases  of  partial  or  total  loss,  noted  and  extended,  and  the  Insurance 
promptly  recovered.  Cases  of  salvage,  general  average  and  marine 
contribution  legally  adjusted  .ind  obtained,  and  all  business  entrusted  t<» 
his  care  executed  with  promptness  and  fidelity. 

OFFICE, 

No.  15  Centre  street,  one  door  from  Chamber  streets 

QFFICi:  HOURS  FROM  9  TO  4  O'CLOCK. 


AN  ABSTRACT 


OF  THB 


% 


LAWS  OF  THE  STATE,  &c. 


CHAPTER  I. 

POWEl^  OF  THE   CORPORATION  TO  BUILD  WHARVES,  PIERS,  SLIPS 
AND    BASINS.  .  ^ 

TnEl  act  of  the  legislature  of  the  State  of  New  York, 
passed  A*il  9,  1830,  conferred  upon  the  Common  Council 
of  the  city  of  New  York,  the  right  to  lay  out  "  wharves  and 
slips'*^  whenever  and  wherever  they  shall  deem  expedient  j 
"and,  if  the  property  of  an  individual  shall  be  required  for  that 
purpose,  they  are  to  open  a  negotiation  for  its  purchase.  If 
the  owner  refuses  to  negotiate,  the  Mayor,  Recorder,  or  any 
^  two  Aldermen  may  order  the  Sheriff  to  empanel  a  jury,  who 
;6hall  be  sworn;  and  after  viewing  the  premises  and  hearing 
testimony,  shall  award  the  owner  a  recompense  for  the  da- 
mages sustained  by  him.  The  verdict  of  the  jury  shall  be 
conclusive  against  -the  owner,  ai^d  the  corporation  may  pro- 
ceed to  use  the  ground  for  the  above  purposes. 

The  2d  section  of  this  act  confers  the  power  to  lay  out 
regular  streets,  or  W/Aarre*,  of  the  width  of  seventy  feet  in 
front  of  those  parts  of  the  city  which  adjoin  to  the  East  and 
North  Rivers ;  and,  as  the  buildings  of  the  city  shall  be  ex- 
tended, to  lengthen  and  extend  the  wharves  and  streets. 

The  3d  section  entitles  the  owners  of  water  lots  to  the 
ground  which  shall  be  covered  by  the  corporation  in  the  con- 
struction of  streets  and  wharves.,  if  they  shall  pay  the  expense 
of  their  filling  up :  and  the  4th  section  empowers  the  corpo- 
ration to  levy  for  the  said  expenses  "  by  distress  arid  sale  of 
the  goods  and  chattels  of  such  proprietors,  or  the  occupaiSfi 


6       .  *  POWERS   OF  THE  CORPORATION'. 

of  said  lots  respectively,"  or  to  recover  the  same  by  an  action 
in  the  Supreme  Court,  with  costs  of  suit. 

The  5th  section  creates  a  prior  lien  in  favor  of  the  corpora- 
tion upon  the  lots  so  filled  up,  for  the  amount  expended. 

The  6th  section  empowers  the  corporation  "  to  direct  piers 
to  be  sunk  and  completed,^''  in  front  of  said  streets,  or  wharves, 
at  the  expense  of  the  proprietors  of  the  lots  lying  opposite 
them.  If  the  proprietors  refuse  or  neglect,  according  to  the 
directions  given,  then  the  corporation  may  proceed  to  do  the 
same,  and  receive,  for  its  own  use,  the  income  and  profits 
thereof;  or  they  may  grant  the  "  right  of  making  piers  and 
bridges,  and  the  right  of  receiving  the  profits  thereof  to  any 
person  or  persons  in  fee,  or  otherwise,  upon  such  terms  as 
they  shall  think  proper." 

By  the  7th  Section,  the  Corporation  may  "  grant  to  the 
owners  of  lots,  fronting  on  any  of  the  said  streets  of  seventy 
feet,  their  heirs  and  assigns,  a  common  interest  in  the  piers  to 
be  sunk  in  front  of  such  streets  in  proportion  to  the  breadth  of 
their  respective  lots.''''  # 

The  8th  Section  says,  that  covenants  and  grants  shall  re- 
main in  force  notwithstanding  this  act" — meaning  ^^  grants"^^ 
heretofore  made  by  the  Corporation  to  owners  of  lots. 

The  9th  Section  says,  "  That  no  building  of  any  kind  or 
description  whatsoever,  other  than  the  said  piers  and  bridges, 
shall  at,  any  time  hereafter  be  erected  upon  the  said  streets ,9r 
wharves,  or  between  them  respectively  and  the  river  to 
which  they  respectively  front  and  adjoin." 

The  lOth  Section  empowers  the  Corporation  to  sink  pieis^ 
between  White  Hall  Slip,  and  the  east  side  of  E>: change  Slip, 
so  as  to  form  a  basin;  and  also  to  form  other  basins  in  other -^ 
parts  of  the  city,  and  to  receive  the  wharfage  of  the  same. — 
It  is  provided,  however,  in  this  section,  "  that  nothing  herein 
contained  shall  be  construed  to  deprive  any  person  or  persons 
who  have  made  piers  by  the  direction  of  the  Corporation,  or 
to  interfere  with  the  legal  rights,  privL.te  property,  or  right  or 
privilege  held  under  former  grants  from  the  city  authorities." 

By  the  11th  Section,  the  Corporation  are  empowered  "to 
reserve  all  the  wharves  from  the  east  side  of  Ccenties  Slip  to 


t 


POWERS  OF  THE  CORPORATION.  T 

the  west  side  of  White  Hall  Slip,  for.  the  sole  accommodation 
of  sloops^  and  other  market  vessels,  using  the  trade  of  the  said 
City,  from  the  2d  day  of  March,  to  the  2d  day  of  December  ;" 
and  that  during  that  time,  no  registered  or  sea  vessel  "  shall  be 
suffered  to  use  the  Slips  or  Wharves  within  the  above  described 
limits  without  permission." 

By  the  12th  Section,  the  Corporation  are  empowered  to 
enlarge  any  of  the  Slips  in  the  City,  "  and,  upon  paying  one- 
third  of  the  expense  of  building  the  necessary  piers  and  bridg- 
es, shall  be  entitled,  not  only  to  the  slipage  of  that  side  of  the 
said  piers  which  shall  be  adjacent  to  such  slips  respectively, 
but  also  to  one-half  of  the  wharfage  to  arise  from  the  outer- 
most end  of  the  said  piers." 

By  the  13th  Section,  it  is  provided — "That  in  all  cases 
where  any  of  the  proprietor ;  of  lots  lying  opposite  places  or 
stifeets  where  piers  shall  have  been,  or  may  be,  directed  to  be 
supk,  shall  neglect  or  refuse  to  join  with  the  other  proprie- 
tors, or  to  pay  their  proportion  of  the  expenses,"  then  the  Cor- 
poration may  join  with  the  other  proprietors  "  in  making  and 
finishing  the  said  piers  and  bridges,"  and  "  become  entitled  to 
the  proportion  of  wharfage  which  the  said  proprietors  so  ne- 
glecting or  refusing  would  have  been  entitled  to." 

,The  14th  Section  prescribes  the  mode  of  notice  to  owners  ; 
and  states  what  shall  be  deemed  a  refusal  to  comply  therewith. 
The  loth  S2ctioa  being  a  penal  one,  it  is  inserted  verbatim- 
§  15.  And  be  it  further  enacted,  That  if  the  master  or  own- 
er of  any  ship  or  other  vessel,  shall  cause  to  be  discharged 
therefrom  any  ballast,  consisting  of  earth,  g'-avel,  or  stones, 
into  any  dock,  or  upon  any  wharf  within  the  said  city  of  New 
York,  without  the  consent  of  the  owner  or  wharfinger  there- 
of, the  master  or  owner  of  such  ship  or  other  vessel,  shall, 
for  every  such  offence,  forfeit  and  pay  to  the  owner  of  such 
dock  or  wharf,  two  dollars  and  fifty  cents,  to  be  recovered 
with  costs  of  suit,  before  any  court  havinoj  cogpizance  there- 
of, in  the  name  of  the  said  owner  or  wharfinger,  and  if  the 
master  or  owner  of  such  ship  or  other  vessel,  having  discharg- 
ed any  such  ballast  upon  any  wharf,  without  consent  as  afor- 
said,  and  after  notice  for  that  purpose  in  writing,  shall  ne- 
glect or  refuse  to  remove  the  same,  he  shall  forfeit  and  pay  for 
eveiy  day  during  such  neglect  or  refusal,  the  same  sum  as  by 
law  shall  be  chargeable  for  the  wharfage  of  such  ship  or  ves- 


b  POWERS  OF  THE  CORPORATION. 

sel :  Provided  however,  that  no  agent  or  factor  transacting 
business  for  any  person  residing  out  of  or  absent  from  this 
state,  shall  be  liable  to  any  penalty  imposed  by  this  section, 
unless  an  account  be  delivered  to,  and  the  money  demanded 
of,  such  factor  or  agent.personally,  or  unless  the  said  account 
be  left  on  board  such  ship  or  vessel  with  the  master,  mate,  or 
one  of  the  hands,  belonging  to  such  ship  or  vessel. 

§  16.  And  be  it  further  enacted.  That  if  any  person  em- 
ployed in  repairing,  sheathing  or  graving,  any  ship  or  other 
vessel,  being  in  any  dock  within  the  city  aforesaid,  shall  cause 
any  timber  or  other  thing  whatsoever*,  tending  to  fill  up  or  ob- 
struct such  dock,  to  be  thrown  into  such  dock,  he  shall,  for 
every  such  offence,  forfeit  and  pay  to  the  owner  or  wharfinger 
of  such  dock,  the  sum  of  five"  dollars,  to  be  recovered  in  man- 
ner aforesaid. 

§  17.  And  be  it  further  enacted,  That  if  any  wharf  in  the  ' 
said  city  shall  be  incumbered  with  lumber  or  other  articles, 
so  as  to  incommode  the  loading  and  unloading  of  vessels,  or 
the  passing  and  re-passing  of  carts,  the  owner  or  wharfinger 
thereof  shall  give  personal  notice,  or  notice  in  writing,  to  be 
left  at  the  place  of  abode  of  the  owner  of  such  lumber  or  other 
articles.,  or  his  factor  or  agent,  to  remove  the  same  in  a  rea- 
sonable time,  and  on  neglect  thereof,  or  if  the  owner  of  such 
articles,  or  his  factor  or  agent  cannot  be  found  in  the  said  cit}'-, 
and  have  noplace  of  residence  therein,  the  owner  or  wharf- 
inger of  such  wharf  may  remove  the  same  and  keep  them  in 
custody  till  the  charges  of  removal  aud  storage  of  the  articles 
removed  be  paid. 

§  18.  And  be  it  it  further  enacted,  That  it  shalf  be  lawful 
for  the  said  Mayor,  Aldermen  and  Commonalty  in  Common 
Council  Convened,  to  make  such  by-laws  and  ordinances  as 
they  shall,  from  time  to  time,  think  proper  for  regulating  the 
wharves,  piers  and  slips  in  the  said  city. 


CHAPTER  II. 
The  Boundaries  of  the  Corporation  of  the  City  of  New  York. 
The  Corporation  of  the  City  of  New  York  exercises  its 
municipal  powers  over  the  wharves,  docks,  slips,  piers,  and 
ferries,  by  virtue  of  its  ancient  charter,  and  by  the  various 
confirmatory  statutes,  passed  by  the  Legislature  of  the  State 
of  New  York. 


THE    BOUNDARIES    OF    THE    CORPORATION.  9 

The  western  boundary  of  the  State  was  changed  by  the 
agreement  made  on  the  16th  day  of  September,  1833,  between 
the  Commissioners,  appointed  by  the  States  of  New  York  and 
New  Jersey;  and  that  agreement  was  duly  ratified  by  the 
Legislature  of  the  above  States,  and  duly  approved  by  Con- 
gress. 

The  present  boundaries  of  the  city,  and  over  which  the 
Corporation  exercises  its  jurisdiction,  are  thus  described  in  the 
3d  vol.  Revised  Statutes,  page  2  : 

"  The  county  of  New  York  shall  contain  the  islands  called 
Manhattan's  Island,  Great  Barn  Island,  Little  Bain  Island, 
Manning's  Island,  Nutten  Island,  Bedlow's  Island,  Bucking 
Island,  and  the  Oyster  Islands  ,  and  all  the  land  under  water 
within  the  following  bounds  :  Beginning  at  Spyten  Duyvel 
C/eek,  where  the  same  empties  itself  into  the  Hudson  River, 
on  the  Westchester  side  thereof,  at  low  water  mark,  and  run- 
ning thence  along  the  said  creek,  at  low  water  mark,  on  the 
Westchester  side  thef'eof,  to  the  East  River  or  Sound  ;  then  to 
crossover  to  Nassau,  or  Long  Island,  to  low  water  mark  there, 
including  Great  Barn  Island,  Little  Barn  Island,  and  Man- 
ning's Island  ;  then  along  Nassau  or  Long  Island  shore,  at 
low  water  mark,  to  the  south  side  of  the  Rtdhook  ;  then 
across  the  North  River,  so  as  to  include  Nutten  Island,  Bed- 
low's  Island,  Bucking  Island,  and  the  Oyster  Islands,  to  the 
west  bounds  of  the  State  ;  then  along  the  west  bounds  of  the 
State,  until  it  comes  directly  opposite  to  the  first  nientioned 
Creek,  and  then  to  the  place  where  the  said  boundaries  began.'' 

The  words  "  the  west  bounds  of  the  State,"  demark  the 
west  boundary  line  of  the  city,  and  are  thus  described  in  article 
1st.  in  "An  act  to  confirm  the  agreement  entered  into  by  the 
Commissioners  appointed  by  this  State,  and  the  Commission- 
ers appointed  by  the  State  of  New  Jersey,  to  settle  the  Boun- 
dary Line  between  New  York  and  New  Jersey. — Passed 
February  ^,  1834." 

"  Article  First. — The  boundary  line  between  the  two  states 
of  New  York  and  New  Jersey,  from  a  point  in  the  middle  of 
Hudson  River,  opposite  the  point  on  the  west  shore  thereof,  in 
the  forty-first  degree  of  north  latitude,  as  heretofore  ascer- 
tained and  marked  to  the  main  sea,  shall  be  the  middle  of  the 
said  river,  of  the  bay  of  New  York,  of  the  waters  between 
Staten  Island  and  New  Jersey,  and  of  Raritan  Bay  to  the 
main  sea,  except  as  hereinafter  otherwise  particulaily  men- 
tioned." 

OK 


10  ORDINANCES    OF  THE    CORPORATION. 

CHAPTER  III. 
ORDINANCES  OF  THE  CORPORATION 

Of  the  City  of  Nt'.w  V  rk^on  Wharves^  Slips^  Piers,  etc. 

By  the  18th  section  of  the  act  of  April  9,  1813,  and  by  the  * 
1st  section  of  the  act  of  the  16th  April,  1830,  the  legislature 
enlarged  the  powers  of  the  Corporation  by  authorizing  it  "  to 
make  and  pass  such  laws  or  ordinances,  as  to  them,  from  time 
to  time,  shall  seem  fit  ;  to  designate  and  appropriate  such  of 
the  public  wharves,  piers  and  slips  of  the  said  city,  as  they 
may  deem  expedient,  and  such  private  wharves  and  piers  in 
the  said  city  as  the  owners  thereof  respectively  may  apply  to 
have  so  designated  or  appropriated,  for  the  exclusive  use  of 
steamboats,  or  of  any  other  class  or  description  of  ships  or  ves- 
sels, and  to  restrain  and  prohibit  any  ship,  steamboat,  or  any 
other  vessel  or  water  craft  whatever,  from  coming  into,  or 
lying,  mooring,  or  anchoring  at  or  within  any  wharf,  pier  or 
slip  of  the  said  city,  except  such  as  may  be  so  designated  for 
theijT  use  respectively  ;  and  to  impose  such  penalties  as  they 
may  think  reasonable  and  proper,  for  the  violation  of  such  laws 
or  ordinances." — Laws  of  1830,  page  242. 

By  the  274th  section  of  the  act  of  1813  it  was  enacted, 
"  that  the  ordinances  of  the  Corporation  should  remain  and 
continue  in  force  for,  and  during  the  period  of  three  years  from 
the  passage  thereof,  unless  the  same  should  be  repealed,  or 
enacted  for  a  shorter  period,  and  should  always  be  renewable 
at  the  pleasure  of  the  Common  Council." 

To  give  greater  permanency  to  the  ordinances,  the  Commoji 
Council  petitioned,  and  the  legislature  eijacted  on  the  6th  of 
April,  1837,  "that  all  the  ordinances  before  that  time  passed 
by  the  Common  Council  and  then  in  force,  and  all  thereafter 
to  be  passed  should  remain  and  continue  in  force  until  the 
same  should  be  repealed." 

Accordingly  the  Common  Council  of  the  City  of  New  York, 
induced  by  a  desire  to  give  permanency  to  the  ordinances, 
passed  a  resolution  on  the  11th  of  July,  1837,  "  That  a  revi- 
sion of  the  ordinances  be  made  by  Samuel  W.  Johnson,  Esq., 
under  the  general  supervision  of  the  Committee  on  Laws  of 
both  Boards." 


OP  THE  S'rPERINTENDElNT  OP  WHARVES  AND  PlERS.         11 

That  portion  of  the  city  ordinances  which  relates  to  the 
subject  before  us,  was  presented  by  the  reviser  to  the  Com- 
mon Council,  and  passed  on  the  9th  of  May,  1S39. 

Since  that  revision,  the  Common  Council  appointed  David 
Graham,  Esfi-,  to  revise  the  ordinances,  and  he  has  just  com- 
pleted it,  in  a  very  able  and  masterly  manner.  In  this  last 
revision  very  few  alterations  were  made  in  the  laws  on  the 
subject  before  us,  and  such  as  have  been  made,  are  set  forth 
in  this  work. 


CHAPT    R  III. 

''^  Of  the  Svperiniendent  of  Wharves  and  Piers''^ 

§  1.  "There  shall  be  appointed  by  the  Common  Council, 
a  discreet  and  proper  person,  who  shall  be  known  as,  and 
called  the  Superintendent  of  Wharves  and  Piers." 

Oath  of  office. 
§  3.  The  said  Superintendent  of  Wharves  and  Piers  shall, 
before  entering  upon  the  duties  of  his  office,  take  and  sub- 
scribe an  oath  or  affirmation,  well  and  faithfully  to  perform 
the  duties  of  his  office. 

Bond. 
§  3.  He  shall  also,  before  entering  upon  the  duties  of  his 
office,  give  bonds,  with  sufficient  sureties  to  be  approved  by 
the  Finance  Committe  of  both  Boards,  in  the  penal  sum  of 
five  thousand  dollars,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office. 

Salary. 
§  4.  The  said  Superintendent  of  Wharves  and  Piers  shall 
receive  as  a  compensation  for  his  services,  an  annual  salary, 
in  equal  quarterly  payments  from  the  city  treasury. 

To  inspect  Wharves  and  Piers. 
§  5.  It  shall  be  the  duty  of  the  said  Superintendent  of 
W^harves  and  Piers,  personally  to  inspect  the  condition  of 
the  public  wharves  and  piers ;  to  superintend  the  erection  and 
repairing  of  the  same  ;  and  to  sugg^est  and  report  to  the  Street 
Commissioner,  such  improvements  and  alterations  from  time 
to  time,  as  may  become  necessary. 


12  OF  THE  SUPERINTENDENT  OF  WHARVES  AND  PIERS. 

To  examine  hills  for  erecting  Wharves^  S^c 
§  6.  He  shall  examine  all  bills  tor  erecting  and  repairing 
the  public  wharves  and  piers,  and  if  correct,  approve  of  them 
in  writino;,  and  then  submit  the  same  to  the  Street  Commissi- 
oner for  his  approval.  He  shall  perform  such  other  duties  as 
the  said  Street  Commissioner  may  require  in  relation  to  hia 
department,  and  shall  make  a  report  to  the  Street  Commissi- 
oner, of  all  alterations  and  repairs  necessary  to  be  made  to  the 
wharves,  piers  and  bulkheads. 

Filling  and  cleaning  Slips. 
§  7.  He  shall  attend  to  the  filling  up  and  cleaning  out  of 
all  the  slips  and  basins  in  the  city,  when  ordered  by  the  Com- 
mon Council,  and  shall  keep  regular  accounts  of  the  time  of 
the  men  employed  and  work  done  thereon. 

Repairs. 
§  8.  It  shall  also  be  his  duty  to  report  to  the  Street  Com- 
missioner all  necessary  alterations  and  repairs  that  may  be  re- 
quired to  any  wharves  or  piers,  and  estimates  of  the  expense 
thereof,  who  shall  report  the  same  to  the  Common  Council, 
except  in  cases  where  the  expenditure  shall  not  exceed  in 
amount  five  hundred  dollars,  in  which  cases  the  Street  Com- 
missioner may  direct  such  repairs  to  be  done  by  the  Superin- 
endent. 

Subject  to  control  of  Street  Cmnmisnoner. 
§  9.  The  said  Superintendent  shall,  in  all  matters  connected 
with  his  department,  be  under  the  control,  supervision  and  di- 
rection of  the  Street  Commissioner,  who  shidl  have  the  right 
of  approving  or  disapproving  all  accounts  certified  as  aforsaid, 
and  by  whom  a!one  all  accounts  shall  be  paid  ;  and  in  case  of 
his  disapproval,  the  Street  Commissioner  shall  repprt  the  same 
to  the  Common  Council. 

To  execute  all  laws  as  to  Wharves^  S^c. 
Report  to  Attorney. 
§  10.  The  said  Superintendent  of  Wharves  and  Piers  shall 
attend  specially  to  the  execution  of  all  laws  relating  to  the 
wharves  and  piers  in  the  city  of  New  Yoik,  and  is  hereby 
particularly  enjoined  to  report  to  the  Attorney  of  the  Corpora- 
tion, all  offences  against  the  same. 

C  instruction  of  Wharves,  S^c. 
§  11.  The  surface  of  the  blocks  of  all  piers  hereafter  to  be 


VteSSELS,    tVHARVES    AND    SLIPS.  13 

built,  as  well  as  the  bridges,  shall  be  covered  with  four  inch 
pine  plank,  and  in  repairing  the  piers  already  constructed,  the 
surface  of  the  bloclcs  shall  be  covered  in  the  same  manner. 

The  Street  Commissioner  is  empowered  by  12th  section  of 
title  2,  chapter  6,  of  the  City  Ordinances,  to  exercise  the  same 
authority  in  removing  encumbrances  from  the  streets,  wharves, 
and  piers,  as  the  Alderman  and  Assistant  of  the  Ward. 

§  12.  "  It  shall  be  the  duty  of  the  said  street  Commission- 
er 10  attend  to  and  direct  the  execution  of  such  matters  and 
things  as  are  pariicularly  committed  to  the  Aldermen  and 
Assisiants  of  the  respective  Wards  regarding  streets;  to  direct 
the  repairing  of  streets  and  walks;  to  order  the  removal  of  all 
timber,  goods,  and  other  things  with  which  any  of  the  streets, 
wharves  or  piers  may  be  encumbered,  under  the  like  penalties 
as  if  directed  by  the  Aldern  a  i  or  Assistant  of  the  Ward." 

Of  Vessels^  Wharves  and  Slips. 

(Ordinance  Pa.ssed  M  iy  8, 1839  ) 

TITLE  I. 

«  Of  Leasing  the  Public  Docks. "^^ 

§  1.  The  several  docks,  wharves,  piers  and  slips,  belonging 
to  the  Corporation,  shall,  from  time  to  time,  be  laid  out  into 
separate  disiricts,  in  the  most  advantage  ous  manner,  by  the 
Finance  Committees  of  both  Boards ;  and  shall  be  annually 
leased,  subject  to  the  reservation  or  exception  of  small  boats, 
-contained  and  mentioned  in  the  next  section  of  this  title  ;  and 
also,  subject  to  the  usual  covenants  contained  in  the  leases  of 
the  said  public  docks,  wharves,  piers  and  slips,  and  such  other 
condition-  and  stipulations  as  the  said  Finance  Committees 
may  deem  expedient. 

§  2.  The  rates  or  fees  of  wharfage  on  vessels  of  not  more 
than  five  tons  burden,  accruing  in  all  or  any  of  the  docks, 
wharves,  piers  or  slips  within  this  city,  which  by  law  they 
may  use,  belonging  to  the  Corporation,  shall  hereafter  be 
separately  leased,  and  be  known  as  the  Small  Boat  District; 
and  the  nece>sary  reservation  or  exception  of  such  small  boats 
shall  be  made  in  tht'  other  leases  of  thf^  docks  and  slips. 

§  3.  It  >h  ill  bi  the  duly  of  the  bssee  or  lessees  of  the 
public  wharves,  piers  and  slips,  for  the  time  bemg,  to  report 
to  the  Attorney  of  the  Corpora' icn  ihe  names  of  all  persons 
who  shall  violate  any  of  the  provisions  of  this  chapter." 

TITLE  2. 
**  Of  Dwkmaslers.,  and  Laying  of  Vessels  at  the  Wharves.^^ 
The  four  first  sections  of  the  2d  title  of  this  otdinance  were 

'  2 


14  VESSELS,  WHARVES  AND  SLlf-S. 

virtually  repealed  by  the  1st  section  of  the  "  Act  for  the  estab- 
lishment and  regulation  of  the  Police  of  the  City  of  INew 
York/'  passed  May  7,  1844.  This  act  leaves  the  execution 
of  the  duties  of  Dockmasters  to  be  performed  by  the  Captains 
of  the  new  Municipal  Police.  When  any  matter  arises,  which 
was  formerly  the  duty  of  the  Dockmaster  to  attend  to,  the 
Master  of  the  vessel  should  go  to  the  Captain  of  the  Police  of 
the  district  in  which  the  vessel  lies. 

Superintendent  of  Streets  to  remove  Vessels  from  berths  of 
Manure  Boats. 

§  5.  "  The  Superintendent  of  streets  of  the  city  of  New 
York,  shall,  and  may,  order  any  vessel,  steam  boat  or  small 
craft  to  remove  from  the  berths  assigned  and  reserved  for  the 
manure  boats  in  the  public  slips  ;  and  any  person  who  has  the 
charge  of  any  vessel,  steam  boat  or  small  craft,  who  shall  ne- 
glect or  refuse  to  obey  the  order  of  the  said  Superintendent  in 
the  premises,  shall  forfeit  and  pay  for  every  such  offence,  the 
sum  of  fifty  dollars. 

Sea  Vessels  and  Coasters  over  150  tons. 
§  6.  "  If  any  description  of  sea  vessel  shall  come  into  or  lay 
at  or  within  any  of  the  said  docks,  wharves,  piers  or  slips,  or 
if  any  coasting  vessel  above  the  burden  of  one  hundred  and 
fifty  tons,  shall  come  into  or  lay  within  the  same,  excepting 
the  Old  and  Coffee-House  SHps,  unless  by  special  permission 
in  writing,  obtained  therelor  from  the  Mayor,  Recorder,  or 
either  of  the  Aldermen  or  Assistants  of  the  said  city,  or  from  a 
Dockmaster  appointed  for  any  of  the  purposes  mentioned  in  this 
title  agreeably  to  the  provisions  of  this  title,  the  owner,  mas- 
ter or  person  having  charge  of  the  same,  shall  forfeit  and  pay 
for  every  such  ofit-nce  the  sum  of  ten  dollars,  and  the  addi- 
tional sum  of  ten  dollars  for  every  twenty -four  hours  any  such 
vessel  shall  lay  at  or  within  the  same. 

Coasters  above  100  tons. 
§  7.  "  If  any  coasting  vessel  above  the  burden  of  one  hun- 
dred tons,  shall  come  into  or  lay  at  or  within  any  of  the  pub- 
lic docks,  wharves,  piers  or  slips,  situate  on  the  East  River, 
excepting  the  Old  and  CofFee-House  Slips,  unless  by  special 
permission  in  writing  obtained  therefor,  from  the  Mayor,  He- 
corder,or  either  of  the  Aldermen  or  Assistant  Aldermen  of  the 
said  city,  or  from  a  I  ockmaster  appointed  pursuant  to  the 
provisions  of  this  title,  the  owneis,  master,  or  person  having 
charge  of  the  same,  shall  forfeit  and  pay  for  every  such  offence 


VESSELS,  WHARVES  AND  SLIPS.  15 

the  sum  of  ten  dollars  for  every  twenty-four  hours  any  such 
vessel  shall  lay  at  or  within  the  same. 

Coasters  of  this  Stale  and  Navigating  the  Hudson. 

§  8.  *'  The  last  preceding  section  of  this  title  shall  not  be 
construed  to  prevent  all  or  any  coasting  vessel,  belonging  to 
this  estate  and  navigating  the  Hudson  River,  from  coming  into 
and  laying  at  and  within  any  of  the  public  wharves,  docks, 
piers  and  slips  of  this  city,  in  like  manner  as  if  they  were 
under  the  burden  of  one  hundred  tons. 
Steamboats. 

§  9.  "  If  any  steam  boat,  safety  barge,  tow  boat  or  freight 
boat,  connected  with  any  steam  boat  estaldishment,  shall  come 
into  or  lay  at  or  within  any  of  the  public  docks,  wharves, 
piers  or  slips  aforesaid,  or  shall  occupy  the  water  belonging 
to  any  such  public  dock,  wharf,  pier  or  slip,  unless  by  special 
permission  in  writing  obtained  therefor  from  the  Mayor,  Re- 
corder, or  either  of  the  Aldermen  or  Assistant  Aldermen  of 
the  said  city,  or  from  a  Hockmaster  appointed  pursuant  to  the 
provisions  of  this  title,  the  owners  or  owner,  master,  agent  or 
person  having  charge  of  the  same,  shall  forfeit  and  pay  for 
every  such  oflence,  the  sum  of  twenty-five  dollars,  and  the 
additional  sum  of  twenty-five  dollars  for  every  twenty-four 
hours  any  such  vessel  shall  lay  at  or  within  the  same. 

Slips  Appropriated  far  Steamboats. 

§  10  "The  private  wharves  and  piers  fronting  on  and 
adjacent  to  the  slip  laying  between  the  foot  of  Courtlandt 
street  and  the  foot  of  Liberty  street,  on"  the  North  River,  are 
hereby  designated  and  appropriated  for  the  exclusive  use  of 
steam  boats. 

Penalty  for  not  removing  Vessels  as  directed. 

§  11.  "  If  the  master,  owner,  or  person  having  charge  o* 
any  vessel  or  small  craft,  which  shall  lay  in  any  of  the  afore- 
said public  slips,  shall  not  remove  the  same  out  of  such  slip, 
or  from  one  part  of  such  slip  to  another  part  thereof,  as  may 
be  directed,  by  the  expiration  of  the  time  within  which  he  or 
any  seaman,  mariner  or  person  employed  on  board,  may  be  so 
ordered  to  remove  such  vessel  or  small  craft,  either  by  the 
Mayor,  Recorder,  or  either  of  the  Aldermen  or  Assistants  of 
the  said  city,  or  Dockmasters  mentioned  in  this  title,  every 
such  owner  or  master  of  such  vessel  or  small  craft,  shall  re- 
spectively, forfeit  and  pay  for  every  such  offence,  the  sum  of 
twenty-five  dollars. 

^Vho  to  direct  the  Laying  of  Vessels. 
§  12.  "  Either  of  the  persons  mentioned  in  the  preceding 


16  VESSELS,  WHARVES  AND  SLIPS. 

gections  of  this  title,  may  give  such  order  and  direction  from 
time  to  time,  to  the  owner,  master  or  person  having  charge  of 
any  sloop,  boat  or  other  vessel  whatsoever,  laying  atoi  within 
any  of  the  said  pi-.blic  whaives,  docks,  piers  or  slips,  or  to 
any  seaman,  mariner  or  persoL  employed  on  board,  as  they 
shall  respectively  think  just  and  proper,  touching  the  laying, 
fastening  and  berth  of  any  such  sloop,  boat  or  other  vessel 
whatsoever. 

Penally  for  Disobeying  such  Orders. 
§  13.  "  For  every  neglect  or  refusal  to  comply  with  any 
such  ord°r  and  direction,  mentioned  in  the  last  preceding  sec- 
tion of  this  title,  the  owner,  master  or  person  having  charge 
of  any  such  sloop,  boat  or  other  vessel,  shall  forfeit  and  pay 
the  sum  of  twenty-five  dollars. 

None  hut  Ferry  Boats  to  come  into  Ferry  Slips. 
§  14  "If  any  boat  or  vessel  of  any  description  whatsoever? 
excepting  ferry  boats,  shall  come  into  and  lay  in  any  slip  used 
and  appropriated  for  a  ferry,  without  pei  mission  of  the  Mayor, 
Kecorder,  one  of  the  Aldermen,  or  one  of  the  Assistants  of 
the  said  city  ;  or  shall  lay  at  any  dock  or  wharf,  so  as  to  in- 
commode the  going  into  or  coming  out,  or  the  turning  of  any 
ferry  boat;  or  if  any  vessel  in  hauling  up  or  dropping  down 
before  either  of  the  slips  in  which  any  ferry  is  kept,  shall  not 
drop  its  fast  or  anchor  on  the  approach  of  any  ferry  boat,  so 
as  not  to  incommode  or  obstruct  the  same,  the  master,  owner 
or  person  having  charge  of  such  boat  or  other  vessel,  shall 
forfeit  and  pay  for  every  such  offence,  the  sum  of  ten  dollars. 

Vessels  not  to  Anchor  in  East  Hiver  within  Hne  of  Ferry, 
§  15.  "  No  ship  or  other  vessel  shall  lay  at  anchor  in  the 
East  River,  within  the  distance  of  sixty  yards  from  a  direct 
line  between  the  landing:  places  of  either  of  the  public  ferries 
across  the  said  river,  under  the  penalty  of  twenty-five  dollars 
for  each  offence,  to  be  paid  by  the  master,  owner  or  other 
person  having  charge  of  such  ship  or  vessel. 

Spring  Street  Slip  for  Market  and  Small  Boats. 
§  16.  "No  person  shall  bring  any  vessel  or  vessels  what- 
soever, excepting  market-boats  and  other  small  boats,  within 
the  slip  belonging  to  the  Corporation  at  the  foot  of  Spring 
street,  under  the  penalty  of  five  dollars  for  every  such  offence, 
to  be  paid  by  the  owner  or  owners,  master,  or  person  having 
charge  thereof 

Vessels  of  New  Jersey^  Connecticut,  or  New  York. 
§  17.  "  If  any  vessel,  excepting  such  as  shall  belong  solely 


Vessels,  wharves  and  slips.  17 

to  persons  residing  in  the  States  of  New  Jersey,  Connecticut 
and  New  York,  or  either  of  those  States,  and  trading  to  and 
from  either  of  the  said  States  and  this  city,  shall  be  brought 
into  or  shall  lay  at  or  within  Peck  Slip,  the  owner,  master  or 
person  having  charge  of  any  such  vessel,  shall  forfeit  and  pay 
for  every  such  offence,  the  sum  of  ten  dollars. 

Coenties  Slip^ 

§  IS.  "  If  any  vessel  or  small  craft,  shall  be  brought  into  or 
shall  lay  at  or  within  Coenties  slip,  the  owner,  master  or  per- 
son having  charge  of  any  such  vessel  or  small  craft,  shall  forfeit 
and  pay  for  every  such  offence,  the  sum  of  twenty-five  dollars, 
and  the  further  sum  of  ten  dollars  for  every  twenty-four  hours 
the  same  shall  lay  at  or  within  the  said  slip. 

■§  19.  "  The  last  preceding  section  of  this  title  shall  not  be 
(Construed  to  apply  to  vessels  or  small  craft  belonging  solely 
to  persons  residing  either  in  the  States  of  New  York,  New 
Jersey  or  Connecticut,  and  which  trade  to  and  from  either  of 
the  said  States  and  this  city. 

Vessels  not  come  into  Fulton  Market  Slip. 
§  20.  "  No  person  shall  bring  any  vessel  or  vessels  what- 
ever, excepting  market-boats,  pettiaugers,  canoes  or  small 
craft,  within  the  bulkhead  and  piers  of  the  Corporation  slip  in 
front  of  Fulton  market,  under  the  penalty  of  ten  dollars  for 
each  offence,  to  be  recovered  from  the  owner  or  owners,  or 
person  or  persons  having  charge  thereof,  severally  and  re^ 
«pectively. 

Smdl  Craft  to  haoe^ivnns''  Names  thereon. 
§  21.  ^'  All  market-boats,  pettiaugers  and  canoes,  or-  other 
small  craft  of  not  more  than  the  burden  of  five  tons,  coming 
to  the  bulkhead  and  piers  mentioned  in  the  last  preceding  sec- 
tion, shall  have  the  owner's  name  painted  at  full  length,  in 
legible  letters,  in  a  conspicuous  place  on  the  inside  of  the 
stern,  under  the  penalty  often  dollars,  to  be  paid  by. the  owner, 
master  or  person  having  charge  of  the  same,  severally  and 
respectively. 

§  22.  "  All  market-boats,  pettiaugers  and  canoes,  of  not 
naore  than  the  burden  of  five  tons,  coming  to  any  of  the  said 
public  docks,  wharves,  piers  or  slips,  shall  have  the  owner  or 
owners'  name  or  names,  painted  at  full  length,  in  legible  let- 
ters, on  the  inside  of  the  stern,  under  the  penalty  often  dollars 
for  each  offence,  to  be  paid  by  the  owner,  master  or  person 
having  charge  of  the  same. 

2* 


18  VESSELS,  WHARVES  AND  SLIP*. 

TITLE  III. 
Of  the  Rates  of  Wharfage. 
§  1.  "The  master,  owner  or  person  having  charge  of  any 
ship  or  vessel,  or  small  craft  whatever,  using  or  coming  to 
lay  with  such  ships  or  vessels,  at  or  within  any  of  the  docks, 
wharves,  piers  or  slips  within  the  City  of  New  York  belong- 
ing to  the  said  Corporation,  if  such  vessel  be  of  not  more  than 
five  tons  burden,  shall  pay  to  the  lessee  for  the  time  being  of 
the  small  boat  district,  the  like  rate  or  fees  of  wharfage  for  so 
laying  or  using,  as  now  are,  or  hereafter  may  be,  established 
and  allowed  by  the  Legislature  of  the  people  of  the  Slate  of 
New  York*  to  be  taken  and  received  by  the  proprietors  of 
private  wharves  in  the  said  city. 

Rates  where  Tonnage  is  over  Five  Tons. 
§  2.  "  If  any  such  vessel,  as  mentioned  in  the  first  section 
of  this  title,  be  of  more  than  five  tons  burden,  such  owner  or 
person  having  charge  thereof,  shall  pay  to  the  lessee  or  lessees 
for  the  time  being,  of  the  dock,  wharf,  pier  or  slip,  at  or 
within  which  such  slip  or  vessel  shall  lay,  the  like  rates  or 
fees  of  whartage,  as  now  are,  or  hereafter  may  be  established 
and  allowed  by  the  Legislature  of  the  State  of  New  York,  to 
be  taken  and  received  by  the  proprietors  of  private  wharves  in 
the  said  city 

Commutation  for  Wharfage  of  Vessels  not  exceeding  Five  Tons^ 
§  3.  "  The  preceding  sections  of  this  title  shall  be  so  con- 
strued, that  for  all  vessels  of  not  more  than  five  tons  burden, 
there  may  be  paid  as  aforesaid,  in  case  the  owner  or  master 
shall  elect  so  to  do  on  their  coming  to  lay  at  any  of  the  said 
docks,  wharves,  piers  or  slips  after  the  first  day  of  May  inclu- 
sive in  every  year,  the  sum  of  two  dollars  and  fifty  cents,  for 
the  use  of  all  the  Corporation  docks,  wharves,  piers  and  slips, 
within  the  said  city,  which  by  law  they  may  use,  for  the  year 
ending  on  the  last  day  of  April  ensuing  ;  which  sum  shall  be 
paid  to  the  lessee  of  the  small  boat  district,  and  shall  exone- 
rate such  vessel  from  all  other  fees  of  wharfage  for  the  year 
then  current. 

Vessels  exceeding  Five  and  not  exceeding  Twenty  Tons. 
§  4.  "  The  preceding  sections  of  this  title  shall  also  be  so 
construed,  that  for  all  vessels  of  more  than  five  tons  burden, 
and  under  twenty  tons  burden,  there  shall  be  paid  only  thirty 
cents  per  day,  subject  to  abatement  ur  half  wharfage,  accord- 
ing to  the  provisions  of  the  laws  of  this  state,  when  not  hav- 
ing dock  berths. 

*  See  subsequent  chapter  on  '*  Wharfage. 


VESSELS,  WHARVES  AND  SLIPS.  19 

Commutation  for  Residue  of  Year. 
§  5.  "If  the  master,  owner  or  person  having  charge  of  any 
such  ship  or  vessel,  conning  to  lay  with  such  ship  or  vessel  at 
or  within  any  of  the  said  docks,  wharves,  piers  or  slips  on  or 
after  the  first  day  of  May  as  mentioned  in  the  third  section  of 
this  title,  shall  elect  to  pay  to  the  lessee  for  the  time  being,  of 
the  district  in  which  such  dock,  wharf^  pier  or  slip  is  situate, 
at  and  after  the  rate  and  in  the  manner  mentioned  in  the  next 
succeeding  section  of  this  title,  such  ship  or  vessel  shall  be 
exonerated  from  any  other  or  further  payment  in  said  district, 
for  the  residue  of  such  year. 

Rates  during  Different  Periods  of  the  Year. 
§  6.  "  The  following  are  the  rates  of  wharfage  mentioned 
in  the  last  preceding  section  of  this  title,  to  wit : 

1.  "Between  the  first  day  of  May  and  the  last  day  of  July 
inclusive,  sixty  cents  per  ton. 

2.  "  Between  the  first  day  of  August  and  the  last  day  of 
October  inclusive,  forty-five  cents  per  ton. 

3.  "  Between  the  first  day  of  November  and  the  last  day 
of  January  inclusive,  thirty  cents  per  ton. 

4.  "  Between  the  first  day  of  February  and  the  last  day  of 
April  inclusive,  fifteen  cents  per  ton. 

When  Vessels  Paying  by  the  Year  shall  pay  Daily  Wharfage. 

§  7.  "  The  two  last  preceding  sections  of  this  title  shall  be 
so  construed,  that  in  case  any  ship  or  vessel  shall  remain  in 
any  of  the  public  slips  more  than  fifteen  successive  days,  such 
ship  or  vessel  shall  be  subject  to  daily  wharfage  thereafter 
until  such  ship  or  vessel  shall  depart  from  such  slip,  notwith- 
standing such  ship  or  vessel  shall  have  elected  to  pay  wharfage 
by  the  year. 

When  Half  Wharfage  to  be  Paid. 

§  8.  "  Notwithstanding  any  thing  herein  contained,  any 
vessel  paying  daily  wharfage,  entitled  to  lay  within  or  at  any 
of  the  said  docks,  wharves,  piers  or  slips,  and  which  shall  be 
laid  up  and  out  of  employ  with  their  cargoes  landed  and  sails 
unbent,  between  the  tenth  day  of  December  and  the  tenth  day 
of  March  inclusive  in  any  year,  shall  be  subject  for  the  time 
during  which  said  vessel  shall  be  so  laid  up,  to  the  payment 
of  a  sum  or  sums  not  exceeding  one  half  of  the  wharfage 
which  they  are  subject  to  pay  when  in  active  employment ; 
but  such  vessels  shall  be  liable  to  be  ordered  to  be  removed, 
agreeably  to  the  provisions  of  the  second  title  of  this  chapter. 

Owner  or  Master  to  elect  whether  to  pay  Yearly  or  by  the  Day. 
§  9.  "  The  owner,  master  or  person  having  charge  of  any 


ftO  VESSELS,  WHARVES  AND  SLIPS. 

ship  or  vessel,  coming  to  lay  with  any  such  ship  or  vessel, 
at  or  within  any  of  the  docks,  wharves,  piers  or  slips  within 
this  city  belonging  to  the  Corporation,  on  or  after  the  first  day 
of  May  in  any  year,  shall  not  be  exonerated  fronn  the  payment 
of  the  daily  rates  or  fees  of  wharfage  allowed  by  the  laws  of 
this  state,  unless  the  said  persons,  or  some  or  one  of  them 
shall,  upon  such  vessel  first  coming  in,  and  such  person  or 
persons  being  called  on  by  the  lessee  or  his  agent  for  that  pur- 
pose, forthwith  elect  to  pay  to  the  lessee  of  the  district  in 
which  such  dock.  Wharf,  pier  or  slip  is  situated,  the  yearly  or 
periodical  rates  or  fees  of  wharfage  allowed  by  the  fifth  and 
sixth  sections  of  this  title. 

TITLE  IV. 
Of  Encumbering  the  Slips. 
§.  1  "  It  shall  not  be  lawful  for  the  owner  or  master,  or  per^ 
son  having  charge  of  any  vessel  that  shall  be  out  of  employ, 
to  lay  up  the  same  at  any  of  the  public  docks,  wharves,  piers 
or  slips,  between  Stanton  slip  and  Whitehall  slip,  except  with 
the  written  consent  of  the  Alderman  and  Assistant  of  the  ward, 
in  which  such  dock,  wharf,  pier  or  slip  shall  be  situated. 

Careening  Vessels. 
§  2.  "  No  person  shall  careen  or  cause  to  be  careened,  any 
Vessel  at  or  within  any  of  the  public  docks,  wharves,  piers,  quays 
or  slips,  under  the  penalty  of  ten  dollars  for  every  day  for 
which  such  vessel  shall  continue  to  be  careened,  to  be  paid  by 
the  owner  or  owners,  master,  or  person  having  charge  of 
such  vessel,  severally  and  respectively. 

Wrecks. 

§  3.  "  No  person  shall  bring  into  any  of  the  said  public 
docks  or  slips,  nor  make  nor  leave  there,  the  wreck  of  any 
ship  or  vessel,  whereby  such  dock  or  slip  may  be  incommo- 
ded, or  the  entrance  or  departure  of  any  vessel  or  small  craft 
in  anywise  obstructed,  under  the  penalty  of  twenty  five  dol- 
lars for  every  such  offence  ;  and  the  further  penalty  of  ten  dol- 
lars for  every  day,  or  part  of  a  day,  the  wreck  of  such  ship  or 
vessel  shall  so  continue  or  remain  in  any  such  dock  or  slip. 

Anchors^  S^c. 
§  4.  "  No  person  shall  cast  any  anchor,  grappling,  or  kil- 
lick  into  or  near  any  of  the  docks,  wharves,  piers,  quays  or 
slips  of  the  said  city  ;  or  shall  place  any  cable,  rope,  chain,  or 
line  across  the  entrance  of  any  slip  ;  or  shall  permit  or  cause 
any  vessel  to  lay  at  the  end  of  or  within  any  pier,  with  the 
jibboom  rigged  out ;  or  shall  take  away  any  stones,  earth,  tim- 


VESSELS,  WHARVES  AND  SLIPS.  21 

ber,  or  ballast,  belonqring  to  any  docl?,  wharf,  pier  or  slip,  from 
any  of  the  same,  under  the  penalty  of  ten  dollars  for  every 
such  offence. 

Eiicvmhering  or  Obstructing  Dochs^  S^c 

§  5  **  No  person  shall  throw  any  stones,  earth,  timber,  bal- 
last, shells,  ashes  or  other  dirt  or  rubbish  whatsoever  into,  or 
bring  any  masts,  yards,  spars  or  other  kinds  of  timber,  or 
stages  or  platforms  for  worlcing  on,  within  any  of  the  docks, 
wharves,  piers,  quays  or  slips  in  the  said  City,  under  the  pe- 
nally of  ten  dollars  for  every  such  offence  ;  and  the  additional 
penalty  of  five  dollars  for  every  day  or  part  of  a  day,  such 
masts,  yards  and  spars,  or  other  kind  of  timber,  or  stages  or 
platforms  for  workin;^  on,  shall  remain  in  any  of  the  said  docks, 
wharves,  piers,  quays  or  slips. 

Throwing  Shells,  Ashes,  Stones,  8fC.yinto  Slips. 

§  6.  "  It  any  shells,  ashes,  stones,  or  dirt  whatsoever,  shall 
be  thrown  from  any  vessel  into  any  of  the  slips  or  docks  afore- 
said, the  person  thowing  the  same,  and  the  master,  owner  or 
possessor  of  such  vessel,  shall  forfeit  and  pay  for  every  such 
offence,  the  sum  of  five  dollars. 

§  7.  "  No  Steamboat,  small  boat,  or  other  craft,  shall  at 
any  time  lay  alongside  of  the  Battery  wall,  for  the  purpose  of 
landing  or  receiving  passengers  or  freight,  and  the  proprietor 
or  proprietors,  or  persi-ns  having  charge  of  any  such  Steam- 
boat, small  boat,  or  other  craft,  which  shall  land  or  receive 
any  passengers  or  frieght  at  the  said  Battery  wall,  shall  be 
fined  fifty  dollars  for  each  offence."* 
TITLE  V. 
Of  the  Ringing  of  Bt  at  Bells. 

§  1.  "  No  bell  on  board  of,  or  near  any  boat  or  vessel,  or 
ferryboat,  at  any  of  the  wharves,  piers  or  slips  in  tne  City  of 
New  York,  shall  be  rung  before  sunrise  in  the  morning,  on 
any  pretence  whatever ;  nor  shall  such  bell  be  rung  or  tolled 
at  ony  other  times,  or  for  any  greater  length  of  time  than  is 
herein  expressed,  undei  the  penalty  of  twenty-five  dollars,  to 
be  paid  by  the  master,  owner,  agent  or  person  or  persons  hav- 
ing charge  of  such  bell  or  vessel,  and  the  person  ringing  or 
tolling  the  same,  severally  and  respectively. 
Times  for  Ringing  Prescribed. 

1.  "  All  such  bells  may  be  rung  or  tolled  at  the  time  of  start- 
ing one  minute,  and  no  longer. 

2.  "  They  may  also  ring  at  or  within  a  quarter  of  an  hour 
before  starting,  on  each  trip,  for  the  space  of  two  minutes. 

♦  This  last  section  was  added  by  resolution  of  7th  Sept.  1843. 


22  VESSELS,  WHARVES  AND  SLIPS. 

Blowing  of  Horns,  (Sfc.  Prohibited. 

§  2.  <'  No  horn,  trumpeter  other  instrument  shall  be  blown 
or  used  in  any  of  the  streets,  wharves,  slips  or  piers  in  the 
City  of  New  York,  under  the  penalty  of  ten  dollars  for  each 
offence. 

I^xception. 

§  3.  "  The  last  preceding  section  of  this  title  shall  not  be 
construed  to  prevent  the  playing  of  any  band  of  music,  or  any 
single  instrument,  on  board  of  any  vessel  at  or  near  any  v  harf 
or  pier. 

Penalty  for  Soliciting  Passengers  for  Steamboats,  (Sfc. 

§  4.  "  No  person  shall  solicit  or  request  any  person  or  per- 
sons in  the  public  streets,  or  on  any  wharf  or  pier  in  the  City 
of  New  York,  to  go  on  board  of,  or  take  passage  in,  any  steam- 
boat or  vessel,  under  the  penalty  of  five  dollars  for  each 
offence," 

TITLE  VI. 
Of  the  Lumber  Dock,  and  Rates  in  be  Charged  thereat. 
Superintendent. 
§  1.  "  There  shall  be  appointed  by  the  Common  Council,  a 
suitable  person,  to  be  called  "  The  Superintendent  of  the  Pub- 
lic Lumber  Dock,"  whose  duty  it  shall  be,  to  take  the  charge 
and  superintendence  of  the  Lumber  Dock  ;  to  direct  the  mode 
of  occupying  the  same ;  and  collect  the  fees  or  charges  there- 
for, as  hereinafter  established,  and  pay  over  the  same  to  tb^ 
Chamberlain  of  the  City. 

Oath  and  Bond. 
§  2.  "  Such  Superintendent  shall  take  an  oath,  faithfully  to 
perform  the  duties  of  his  office ;  and  before  entering  upon  the 
duties  of  his  office,  shall  execute  a  bond  with  two  or  more 
sureties,  in  the  penal  sum  of  five  thousand  dollars,  conditioned 
Cor  the  faithful  discharge  of  such  duties. 

Salary. 
§  3.  '*He  shall  receive  an  annual  salary  of  seven  hundred 
and  fifty  dollars,  payable  quarterly,  for  his  services  ;  and  shall 
hold  his  office  during  the  pleasure  of  the  Common  Council. 

Reports. 
§  4.  "  He  shall,  on  the  first  Monday  of  every  month,  render 
to  the  Comptroller  a  full  and  particular  statement  of  all  monies 
received  by  him  as  such  officer,  verified  by  oath,  stating  the 
names  of  the  persons  from  whom  suoh  monies  were  received  ; 
the  date,  the  amount  and  the  quality  oS-  timber  or  logs  on 
"\5[ljich  the  sanie  was  charged ;  and  shall,  once  in  each  year,  on 


23 

the  first  Monday  of  January,  and  oftener  if  required,  furnish  a 
statement  to  the  Common  Council,  of  the  whole  quantity  of 
timber,  logs,  spars,  and  other  articles  which  shal  have  been 
brought  into  the  said  Lumber  Dock  during  the  preceding 
year ;  and  also  the  amount  remaining  therein  at  the  time  of 
making  such  report. 

Register. 
§  5.  "  He  shall  also  keep  a  book,  in  which  shall  be  entered 
the  names  of  all  persons  bringing  timber  to  the  said  Lumber 
Dock ;  specifying  therein  the  dates,  quantity  and  prices  charged 
thereior,  and  when  the  same  shall  be  taken  away. 
Not  to  Deal  in  Lumber. 
§  6.  "  The  said  Superintendent  shall  not,  in  any  manner  or 
way  whatever,  either  directly  or  indirectly,  be  concerned  in 
the  purchase  or  sale  of  any  timber  or  lumber  whatever,  either 
in  the  said  dock,  or  to  be  brought  therein  ;  and  in  case  of  any 
breach  of  the  provisions  of  this  section,  he  shall  forfeit  his 
office  and  shall  not  afterwards  be  eligible  thereto. 
Rales  of  Dockage. 
§  7.  "  The  following  rates  shall  be  fixed  and  collected  by 
the  Superintendent,  on  all  the  articles  hereafter  mentioned,  for 
admission  and  storage  within  the  Lumber  Dock,  viz : 

"  On  all  squared  oak  timber,  three-eighths  of  one  cent  for 
admission,  and  one  and  a  half  cent  per  year  for  every  cubic 
foot. 

"  On  all  squared  pine  or  other  timber,  except  oak,  one 
quarter  of  one  cent  for  admission,  and  one  cent  per  year  for 
every  cubic  foot. 

"  On  all  dock  or  pump  logs,  four  cents  admission,  and  six- 
teen cents  per  year  for  each  piece. 

"  On  all  spars  or  masts,  not  over  fifty  feet  in  length, 
twenty-five  cents  each  for  admission,  and  one  dollar  per  year 
for  each  piece. 

"  On  all  spars  or  masts  over  fifty  feet  in  length  and  not  ex- 
ceeding eighty  feet,  fifty  cents  each  for  admission,  and  two 
dollars  per  year  for  each  piece. 

"  On  all  spars  or  masts  eighty  feet  or  upwards  in  length, 
seventy-five  cents  each  for  admission,  and  three  dollars  per 
year  for  each  piece. 

**  On  all  plank  and  other  sawed  lumber,  four  cents  admis- 
sion, and  sixteen  cents  per  year  for  every  thousand  feet. 

"  Such  charges  for  admission  shall  be  paid  whenever  the 
articles  shall  he  placed  within  the  dock,  and  be  deducted  from 
the  payment  for  rent  when  the  lumber  is  taken  out  of  the 
dock  ;  the  rent  shall  be  paid  quarterly  ;  and  whenever  any 


^  fiALLAST    MAStEft. 

timber  or  other  articles  shall  not  be  knpt  within  the  dock  for 
the  period  of  three  mouths  from  the  lime  of  admission  therein, 
the  charge  thereon  shall  be  the  same  as  if  such  timber  or  other 
articles  had  remained  therein  for  the  period  of  three  months, 
and  so  for  every  three  months  thereafter.  Any  expenses 
which  may  be  incurred  by  reason  of  the  removal  of  any  tim- 
ber or  spars,  within  the  basin,  by  the  direction  of  the  Super- 
intendenl,  shall  be  chargeable  to  the  owner  or  owners  of  such 
timber,  and  paid  by  him  or  them,  in  the  same  manner  as  the 
other  charges  under  this  law. 

Wharves  around  the  Lumber  Docky  etc.  to  be  Leased. 

§  S.  "The  (.\)mptroller  shall  lease  at  public  auction,  under 
the  direction  of  the  Finance  Committees  of  both  Boards,  such 
portion  of  the  wharves  and  piers  around  the  Lumber  Dock,  as 
may  not  be  required  for  the  use  of  the  dock  ;  and  may  grant 
the  prlv^ilege  of  piling  lumber  thereon,  until  the  first  day  of 
May  next ;  and  shall  lease  the  same  annually  thereafter,  at 
the  same  time  and  in  the  same  manner  as  the  other  wharves 
are  leased  by  him. 

When  Fees  to  be  Paid. 

§  9.  "  It  shall  be  the  duty  of  the  Superintendent  not  to 
permit  any  timber  or  other  articles  within  said  Lumber  Dock 
to  be  removed  therefrom,  until  all  charges  thereon  are  first 
paid. 

Account  Books. 

§  10.  "  The  Comptroller  shall  furnish  the  Superintendent 
with  a  suitable  book  for  tbe  purpose  of  keeping  all  accounts 
therein,  which  shall  be  handed  over  to  his  successor  in  office, 
from  time  to  time."' 

BALLAST  MASTERS. 

(P.ssed  May  14,  1839.) 
TIILK  1. 
Of  the  Afpointment  of  Ballast  Masters. 
§  L  "  Two  suitable  persons  shall  be  appointed  by  the  Com- 
mon Council,  who  shall  be  known  as,  and  called  the  ballast 
masters  t)f  the  port  of  New  Vork  " 

§  2.  "  The  said  ballast  masters  shall  keep  an  office  or  offices 
in  some  central  and  convenient  place  or  places  in  the  city  of 
New  Yo:k,  where  they  or  one  of  ihem  .shall  attend,  and 
where  orders  may  be  left  by  all  persons  concerned  in  the  buy- 
ing or  selling  of  ballast,  which  office  or  offices  shall  be  kept 
open  from  sunrise  until  sunset  every  day  throughout  the  year, 
Sundays  excepted." 

§  3.  ''  In  case  of  the  sickness  or  absence  of  the  said  ballast 


CHARCOAL WOOD — LIME  VESSELS.  25 

masters,  the  Mayor  of  the  city  of  New  York  shail  appoint 

other  fit  and  proper  persons  in  their  stead,  during  the  sickness, 

absence,  or  other  inability  of  the  said  ballast  masters." 

TITLE  II. 

Of  ike  Powers  and  Duties  of  the  Ballast  Masters. 

§  1.  "  No  stone  or  shingle,  or  other  kind  of  ballast  shall 
heieafter  be  purchased  or  sold  within  the  city  of  New  York, 
iBor  shall  any  stone  or  shingle,  or  other  kind  of  ballast,  be  put 
on  board  of  any  ship  or  vessel  within  the  said  city,  unless  the 
weight  thereof  shall  have  been  ascertained  and  certified  in 
writing,  by  the  ballast  masters,  or  one  of  them,  under  the 
penalty  of  one  dollar  for  every  ton  weight  thereof;  to  be  sued 
for  and  recovered  from  the  seller  or  purchaser,  or  person  re- 
ceiving the  same,  severally  and  respectively." 

§  2.  "  No  person  shall  weigh  or  ascertain  the  weight  of 
any  ballast  sold  within  the  city  of  New  York,  or  brought  to 
the  city  to  be  delivered,  in  pursuance  of  a  sale  elsewhere,  ex- 
cept the  ballast  masters,  or  one  of  them,  of  the  port  of  New- 
York,  under  a  penalty  of  twenty-five  dollars  for  every  such 
offence. 

§  3.  "  For  all  ballast,  of  whatever  kind  or  description,  the 
weight  of  which  shall  be  ascertained  and  certified  in  writing 
by  the  said  ballast  masters,  or  one  of  them,  as  provided  in 
the  first  section  of  title  second  of  this  chapter,  ihey  or  he 
shall  be  entitled  to  demand  and  receive  of  the  purchaser 
thereof,  the  sum  of  five  cents  per  ton,  and  of  the  seller  thereof 
the  sum  of  three  cents  per  ton." 

CHARCOAL  VESSELS. 

§  3.  "  No  person  shall  unload,  vend  or  expose  for  sale  any 
charcoal,  at  either  of  the  slips  in  front  of  any  of  the  public 
markets  of  the  said  city,  under  the  penalty  of  ten  dollars  for 
every  such  offence." 

WOOD  VESSELS. 

§  1.  "  No  firewood  brought  to  this  city  for  sale,  shall  be 
Sanded  on  any  of  the  docks,  wharves  or  piers  of  this  city,  until 
the  same  shall  have  been  sold  ;  and  all  firewood  so  sold  and 
landed  shall  be  immediately  carried  away,  under  the  penalty 
of  one  dollar  for  every  load  which  may  be  so  landed  before 
sale  or  not  taken  away  when  sold." 

LIME  VESSELS. 

(PaSced  Mny  8,  1839  ) 

TITLE  I. 

§  3.  "  The  same  Inspt^ctor  shall  inspect  and  measure  the 

whole  of  every  vessel  loado^  slacked  oi  unslacked  lime,  brought 

to  be  sold  in  the  city  of  New  Vork,  of  which  he  measures  or 

3 


26  HAY  VESSELS. 

inspects  any  part,  unless  prevented  by  sickness  or  other  disa- 
bility, in  which  case  he  may  name  another  Inspector  to  finish 
the  said  vessel  load." 

TITLE  II. 
General  Provisions. 

§  2.  "  No  person  shall  sell  or  deliver  from  any  vessel^  or 
shall  cart  or  receive  any  quick  or  unslacked  lime  in  casks 
which  is  not  inspected  and  branded  as  aforesaid,  whether  said 
lime  be  merchantable  or  not,  under  a  penalty  of  ten  dollars 
for  every  load,  parcel  or  part  of  a  load  so  sold,  delivered  or 
carted,  transported  or  received,  within  the  city  of  New 
York." 

§  4.  "  No  person  shall  sell  or  deliver  from  any  vessel^  or 
shall  transport  or  receive  any  slacked  lime,  whether  merchant- 
able or  not,  without  being  inspected  and  measured  as  afore- 
said, under  the  penalty  of  ten  dollars  for  every  load,  or  part 
of  a  load  so  sold  and  delivered,  or  carted,  transported  or  re- 
ceived within  the  city  of  New  York." 

§  7.  "  No  sloop  or  other  vessel^  which  shall  bring  any  slacked 
or  unslacked  lime  to  this  city  for  sale,  shall  be  permitted  to  lay 
in  any  of  the  public  slips,  or  at  any  of  the  public  wharves  in 
this  city,  while  she  has  lime  on  board,  except  as  hereafter  pro- 
vided, under  the  penalty  of  fifty  dollars  for  each  offence." 

§  8.  "  The  last  preceding  section  of  this  title  shall  not  be 
construed  to  prevent  the  laying  of  vessels  having  lime  on 
board,  at  the  public  wharves  and  in  the  slips,  while  discharg- 
ing cargo,  or  during  the  period  the  lime  is  bona  fide  for  sale, 
and  the  person  having  charge  of  said  vessel  and  lime  is  ready 
and  willing  to  sell  and  deliver  the  same." 

HAY  VESSELS. 

Basin  for  Hay  Boats. 
§23.  "The  basin  or  slip  fronting  to  West  street,  on  the 
Hudson  River,  and  laying  between  Amos  street  and  Charles 
street,  is  hereby  appropriated  and  set  apart  exclusively  for  the 
use  of  boats  bringing  hay  to  the  city." 

Vessels  with  Loose  Hay. 

(Passed  August  12,  1842.) 

§  1.  "That  the  pier  at  the  foot  of  Charles  street,  with  one 
half  of  the  bulkhead  south  of  said  pier  be,  and  is  hereby 
appropriated  for  vessels  laden  wilh  loose  hay  for  sale,  to  the 
exclusion  of  all  other  vessels." 

(Passed  May  8, 1839  ) 

§  18.  "  The  boats  employed  in  bringing  loose  hay  or  straw 
to  this  city  for  sale,  shall  have  the  privilege,  in  preference  to 


HARBOR  MASTERS.  27 

all  other  vessels,  of  occupying  the  whole  of  Governeur's  Slip 
on  the  East  River,  and  the  basin  at  the  foot  of  Amos-street  on 
the  North  River ;  and  no  persons  having  the  charge  of  any 
other  boat  or  vessel,  as  master,  owner  or  otherwise,  shall  in- 
terfere with  boats  employed  in  bringing  hay  to  the  said  places, 
or  prevent  their  approach  thereto,  under  the  penalty  of  ten 
dollars  for  every  such  offence.'' 

Incumbrances  of  Wharves. 
§  1.  "  No  person  or  persons  shall  unload,  land  or  discharge, 
or  cause  or  permit  to  be  unloaded,  landed  or  discharged,  from 
any  vessel,  boat  or  water  craft  whatsoever,  or  shall,  in  any 
manner  deposit,  or  cause  or  permit  to  be  deposited,  any  block, 
piece  or  quantity  of  marble,  granite  or  other  stone,  or  of  iron, 
lead,  timber  or  any  other  substance,  exceeding  one  ton  weight, 
at  or  upon  any  part  of  the  wharf  or  pier  through  which  the 
48ewer  runs,  leading  from  Canal-street  into  the  Hudson  River, 
"Or  at  the  foot  of  Clarksoa-street,  where  the  Minetto  sewer 
empties  into  the  said  river ;  or  at  or  upon  any  other  wharf, 
pier  or  street,  through  which  any  other  public  sewer  of  this 
city  may  run  or  empty  into  the  North  or  East  River,  under 
the  penalty  of  fifty  dollars  for  every  such  offence." 


CHAPTER  V. 
HARBOR  MASTERS. 

The  Legislature  of  the  State  of  New  York  by  an  act,  passed 
February  19,  1819,  authorized  the  "Governor  and  Council 
of  Appointment"  to  appoint  two  persons  to  perform  the  du- 
ties of  harbor  master  of  the  city  of  New  York.  By  the 
Revised  Statutes,  vol.  1,  pages  89  and  105,  the  number  was 
increased  to  three,  and  they  are  appointed  by  the  Governor 
and  Senate.  By  a  subsequent  statute  passed  May  14,  1840, 
the  number  was  increased  to  four.  The  city  at  present  is 
•divided  into  four  districts  ;  and  for  the  convenience  of  the 
public  the  harbor  masters  keep  a  general  office  at  the  store 
of  Messrs.  E.  &  G.  VV.  BLUNT'S  NAUTICAL  STORE, 
No.  179  Water-street,  corner  of  Burling  Slip. 

The  following  are  the  names  and  residences  of  the  harbor 
masters,  and  the  bounds  of  the  several  districts. 

DISTRICT    £. 

Charles  Mills,  resides  at  27  Oliver-street,  whose  district 
extends  from  west  side  Burling  Slip,  up  the  East  River,  to 
the  extent  of  the  port.  A  slate  kept  at  Williams  &  Hinman's 
169  South  street^  near  Dover^ 


28  HARBOR  masters'  REGULATIONS. 

DISTRICT    II. 

Abraham  Turnure,  73  Henry  street,  whose  district  extend* 
from  west  side  Burling  Slip  to  east  side  of  (pier  14)  Jones' 
Wharf  A  slate  kept  at  »<:.  &  G.  W.  Blunt's,  179  Water- 
street,  corner  of  Burling  Slip. 

DISTRICT    III. 

J.  Dayton  Wilson,  6  Burton-street,  whose  district  extends 
from  the  west  side  of  (pier  14)  Jones'  Wharf,  to  Coenties 
Slip,  pier  8.  A  slate  kept  at  Stiles',  corner  of  Old  Slip,  and 
at  39  South  street. 

DISTRICT   IV. 

James  B.  Nicholson,  68  West  street,  whose  district  ex- 
tends from  Coenties  Slip  (pier  8)  round  the  Battery  and  up 
the  North  River,  a  slate  kept  at  Secor  and  Livingston's,  68 
West  street. 

(Jt^In  case  of  the  sickness,  or  absence  from  the  city,  of  any 
of  tl*e  Harbor  Matsters,  either  of  them  will  attend  his  district. 

Harbor  Master^s  Regufation^. 

The  Harbor  Masters  of  this  poit  have  prescribed  the  fol- 
lowing regulations,  and  in  all  cases  a  strict  observance  of  them 
is  rigidly  enforced.  They  are  generally  retired  sea  Captains^ 
men  of  respectability  and  worth,  and,  thoroughly  understand- 
ing the  duties  and  pow  er  of  their  office,  rarely  exercise  their 
authority,  unless  the  public  good  demands  it.  It  is  the  duty 
of  masters  and  owners  to  obey  their  commands,  and  much 
trouble  might  be  avoided  if  they  were  more  frequently  con- 
sulted. 

Article  I. 

No  vessel  shall  be  moored  in  the  stream  in  the  East  River   Os^ 
nearer  than  three  hundred  yards  from  the  docks  of  the  city  of 
New  York,  from  the  first  day  of  May  to  the  first  of  October,  ^v!^ 
All  vessels  having  on  board  gunpowder,  shall  moor  or  anchor    ''^ 
near  Buttermilk  Channel,  and  shall  hoist,  and  keep  a  red  flag     ''^ 
hoisted,  at  the  foretop-gallant  mast-head  during  the  time  they      C\. 
are  discharging  or  receiving.      [This  regulation  is  considered      ^ 
very  important,  to  g-iard  steamboats  from  a  too  near  approach^  J^ 
to  vessels  discharging  or  receiving.]     Nor  shall  any  vessel  lieVjC^ 
at  single  anchor  within  that  distance  more  than  twenty-four 
hours.     No  vessel  shall  be  moored  in  the  North  River  nearer,   ^  a^ 
than  three  hundred  yards  from  the  wharf;  nor  any  vessel  lie^ ' 
at  single  anchor  within  that  distance  more  thau  twenty-four 
hours. 


29 

Article  II. 
Agreeably  to  the  statute  of  the  state  of  New  York,  all 
vessels  lying  in  the  North  or  Ea^t  River,  are  requested  to  hoist 
a  lantern  with  a  light  in  the  rigging,  in  some  conspicuous 
place,  under  the  penalty  of  said  statute,  which  makes  all  ves- 
sels liable  for  damages  by  a  non-compliance. 

Section  12,  Title  10,  Chap.  20,  First  Part  Revised  Statutes. 

[The  provisions  of  this  section  will  be  found  highly  import- 
ant to  masters  and  owners  of  vessels  navigating  the  harbor  of 
New  York.] 

"  Whenever  any  vessel  navigating  that  part  of  the  Hudson 
Hiver  which  is  north  of  the  Battery,  at  the  southern  extremity 
of  New  York,  or  navigating  Lake  Champlain,  shall  be  at 
anchor  in  the  night  time,  the  master  of  such  vessel  shall  cause 
her  peak  to  be  lowered,  and  shall  cause  a  good  and  sufficient 
4ight  to  be  shown  in  some  part  of  her  rigging  at  least  twenty 
feet  above  her  deck,  and  from  her  taffrail,  under  the  penalty 
of  fifty  dollars,  to  be  sued  for  and  recovered  against  the  master 
<©f  such  vessel,  by  the  overseers  of  the  poor  of  the  city  or  town 
in  which  the  offence  shall  have  been  committed.  And  in  case 
such  penalty  cannot  be  collected  from  the  master,  the  owners 
of  such  vessel  shall  be  liable  therefor,  as  provided  in  the  pre- 
ceding tenth  section,  (viz.,  Sec.  10,)  'jointly  and  severally,  in 
the  same  manner  as  if  they  were  sureties  of  such  master.'  " 

By  the  law  of  April  29,  1829,  (vide  page  456,)  "  the 
|>rovisions  of  the  above  12th  section  are  extended  to  the  har- 
bor of  New  York,  embracing  the  bay  as  far  as  the  village  of 
Castleton,  on  Staten  Island  ;  and  thence  up  the  East  River  as 
far  as  the  south  point  of  BlackwelPs  Island."  And  the  sec- 
tion thus  amended  and  extended  took  effect  on  the  1st  of 
May,  1829. 

Article  III. 

Vessels  lying  at  the  wharves  or  piers,  or  in  the  basins  or 
slips,  shall,  unless  otherwise  directed,  lie  with  their  heads  up 
the  docks  ;  those  on  the  east  side  of  the  docks  to  have  their 
yards  topped  by  their  larboard  lifts  ;  and  those  on  the  west 
side  topped  by  their  starboard  lifts  ;  to  be  regulated  agreeably 
to  the  cut  in  the  margin,  and  not  be  changed  without  special 
permission  of  the  harbor  master  or  harbor  masters,  except  to 
ipaint  or  bsnd  sails.  The  moveable  fore  and  aft  spars  and 
spritsail  yards  rigged  in  ;  stern  davits,  quarter  davits,  bump- 
kins, and  martingales  unshipped.  Those  on  the  east  side  of 
the  docks  shall  have  the  crown  of  their  starboard  anchor  taken 
h\  on  the  forecastle,  and  their  larboard  cable  bent  and  clear. 
Those  on  the  west  side  of  the  docks  to  have  the  palms  of  their 

3* 


30  HARBOR  masters'  REGtJLATIGNS. 

larboard  anchor  takea  in  on  the  forecastle,  and  to  have  the 
starboard  cable  bent  and  clear. 

Those  in  the  North  River,  lying  on  the  south  side  of  the 
docks,  to  have  their  yards  topped  by  their  larboard  lifts  ;  and 
those  on  the  north  with  their  starboard  lifts  ;  those  lying  on 
the  south  side  to  have  the  palm  of  the  starboard  anchor  taken 
in  on  the  forecastle,  and  larboard  cable  bent  and  clear  ;  those 
on  the  north  to  have  their  larboard  anchor  taken  on  the  fore- 
castle, and  the  starboard  cable  bent  and  clear.  Any  vessel 
wanting  a  berth,  will  apply  at  the  office,  or  sub-office,  or  to 
the  harbor  master  of  the  district  in  which  he  may  wish  a 
berth,  stating  where  the  vessel  lies ;  nor  shall  any  vessel  ex- 
change or  bargain  berths,  except  by  the  permission  of  the 
harbor  master  or  harbor  masters. 

Article.  IV.. 

All  vessels  at  the  end  of  the  wharves  of  prers  shall  hatil 
either  way,  to  accommodate  the  vessels  going  in  or  coming 
out. 

Article  V. 

All  vessels  not  discharging  or  receiving  cargoes,  shall  make 
room  for  vessels  needing  immediate  accommodation ;  vessels 
wishing  to  discharge,  to  have  the  preference  of  berth  to  those 
loading.  Vessels  returning,  or  putting  into  port  in  distress^ 
always  to  be  first  accommodated.  As  to  the  fact  of  vessels 
being  bona  fide  employed  in  these  particulars,  the  harbor 
master  k  sole  judge.     {See  sec.  3.) 

Article  VI. 
All  vessels  shall  have  on  board  a  ship-keeper,  or  person,  to- 
take  care  of  them  ;  and  if  any  vessel  shall  be  required  to  re- 
move, and  no  person  be  found  on  board  for  that  purpose,  the 
harbor  master  will  cause  the  same  to  be  removed,  at  the  ex- 
pense of  the  master,  owner,  or  consignee,  who  shall  also  be 
liable  for  all  damage  occasioned  by  such  vessel. 

Article  VII. 
No  vessel  shall  be  moored  or  fastened  m  such  place  or 
manner  as  shall   in  anywise  obstruct  or  interfere  with  the 
steam  or  team  ferry-boats  at  any  ferry  of  this  city. 

Article  VIII. 
No  ballast  shall  be  thrown  overboard,  on  this  side  of  Sandy 
Hook,  below  low  water  mark;  and  in  the  harbor  all  ballast 
must  b3  landed  above  high  water  mark — to  have  a  tarpaulin 
between  the  vessel  and  the  dock,  to  prevent  ballast  falling  ia. 
the  water. 


HARBOR  masters'  REGULATIONS.  31 

Article  IX. 
No  person  shall  encumber  any  of  the  wharves,  piers,  or 
docks  with  spars,  boats,  goods,  or  other  things. 

Article  X. 
No  pitch,  tar,  or  other  combustibles  shall  be  heated  on  board 
of  any  vessel  at  any  of  the  wharves,  piers,  slips,  or  basins  of 
this  city ;  but  all  such  business  shall  be  done  on  floating  stages 
or  boats,  or  on  the  wharves,  at  least  six  feet  from  the  edge  of 
the  wharf,  and  with  a  bucket  of  water  always  ready. 

Article  XI. 

No  vessel  shall  be  permitted  to  hoist  a  stern-boat,  quarter- 
boat,  or  boat  under  the  bowsprit. 

All  persons  failing  to  comply  with  the  foregoing  regulations 
are  liable  to  a  penalty  of  fii'ty  dollars  for  each  offence,  and  for 
all  damages,  with  costs  of  suit. 

The  following  s^^ction  of  the  act  passed  February  19,  1839, 
will  clearly  exhibit  the  duty,  authority  and  emoluments  of 
their  office. 

§  3.  And  be  it  further  enacted^  That  the  said  Harbor  Masters 
shall  have  authority  to  regulate  and  station  all  ships  and  ves- 
sels in  the  stream  of  the  East  and  North  Rivers,  within  the 
limits  of  the  city  of  New  York,  and  the  wharves  thereof,  and 
to  remove,  from  time  to  time,  such  ships  or  vessels  as  are  not 
employed  in  receiving  and  discharging  their  cargoes,  to  make 
room  for  such  others  as  re'juire  to  be  more  immediately  acco- 
modated for  the  purpose  of  receiving  or  discharging  theirs  ;  and 
as  to  the  fact  of  their  being  fairly  and  bona  fide  employed  in 
receiving  anl  discharging  their  cargoes,  the  said  Harbor  Mas- 
ters, or  either  of  them,  is  hereby  constituted  the  sole  judge. 
And  fujther,  the  said  Harbor  Masters,  or  either  of  them,  shall 
have  authority  to  determine  how  far,  and  in  what  instances, 
it  is  the  duty  of  the  masters  and  others  having  charge  of  ships 
or  vessels,  to  accommodate  each  other  in  their  respective  situ- 
ations ;  and  if  any  master  or  other  person  having  charge  of 
any  ship  or  vessel,  shall  refuse  or  neglect  to  obey  the  direc- 
tions of  the  said  Harbor  Masters,  or  either  of  them,  in  matters 
within  their  authority  to  direct ;  or  if  any  perjon  shall  resist 
or  oppos3  the  said  Harbor  Masters,  or  either  of  them^  in  the 
execution  of  the  duties  of  their  office,  such  master  or  other 
person  having  charge  of  any  ship  or  vessel,  or  other  person 
whatsoever,  shall,  for  every  such  offence,  forfeit  and  pay  the 
sum  of  fifty  dollars,  to  be  recovered,  with  costs  of  suit,  in  the 
name  of  the  Treasurer  of  the  Hospital  of  the  said  city,  be- 
fore any  court  having  cognizance  thereof  j  all  of  which  iine? , 


32  HARBOR  MASTERS*  REGULATIONS. 

when  collected,  shall  be  paid  to  the  said  Treasurer  for  the 
use  of  said  Hospital, 

§  4.  And  be  it  further  enacted,  That  the  said  Harbor  Mas-* 
ters  shall  have  power  to  demand  and  receive  from  the  com- 
manders, owners,  and  consignees,  or  either  of  them,  on  all 
ships  or  vessels  of  the  United  States,  and  on  all  ships  or  \es- 
sels  of  any  foreign  nation  that  are  permitted  by  the  laws  of  the 
United  States  to  enter  on  the  same  terms  as  vessels  of  the 
United  States,  and  which  shall  enter  the  said  Port  of  New 
York,  and  load  or  unload,  or  make  fast  to  any  wharf  therein, 
one  and  a  half  cent  per  ton,  to  be  computed  from  the  tonnage 
expressed  in  the  register  or  enrolment  of  such  ships  Or  vessels 
respectively,  and  no  more  :  and  also,  on  all  other  foreign  ships 
or  vessels  which  shall  arrive  at,  and  enter,  the  said  Port,  and 
load,  unload,  or  make  fast  to  any  wharf  therein,  double  the 
amount  of  fees  above  specified,  according  to  the  rate  of  ton- 
nage or  burthen  of  said  ships  respectively,  to  be  ascertained 
by  their  respective  registers  or  other  documents  on  board  the 
same  ;  Provided,  nevertheless,  that  nothing  whatsoever  shall 
be  demanded  by  the  said  Harbor  Masters  for  the  entrance  into 
the  Port  of  New  York  of  any  sloop  or  schooner  employed  in 
the  coasting  trade  within  the  United  States,  unless  upon  the 
application  of  the  master  or  person  having  charge  of  any  such 
vessel  employed  in  the  coasting  trade  as  aforesaid,  the  said 
Harbor  Masters,  or  either  of  them,  shall  interfere  and  adjust 
any  difference  which  may  happen  respecting  the  situation  or 
position  of  any  such  coasting  vessel,  which  differences  said 
Harbor  Masters,  or  either  of  them,  are  hereby  authorized  and 
Required  to  hear  and  determine  ;  in  which  case  the  said  Har- 
bor Masters,  or  either  of  them,  may  demand  and  receive  from 
the  party  in  default  in  the  premises  the  sum  of  two  dollars, 
•and  no  more,  for  every  difference  so  by  him  adjusted  ;  to  be 
sued  for  and  recovered,  in  the  names  and  for  the  use  of  the 
said  Harbor  Masters,  in  any  cou^-t  having  cognizance  thereof. 

§  5.  And  be  it  further  enacted,  That  the  master,  owner, 
or  consignee  of  any  ship  or'  vessel  subject  to  the  payment  of 
fees  to  the  Harbor  Master  as  aforesaid,  shall,  within  forty  eight 
hours  after  the  arrival  of  such  ship  or  vessel,  pay  the  fees  so 
due  thereon,  at  the  office  of  the  said  Harbor  Masters,  or  one 
of  them ;  and  in  default  of  such  payment,  if  the  same  have  been 
first  duly  demanded,  such  master,  owner,  or  consignee,  on 
whom  such  demand  shall  have  been  previously  made,  shall 
forfeit  and  pay  double  the  amount  of  such  fees,  to  be  sued  for 
and  recovered,  in  the  names  and  for  the  use  of  the  said  Harbor 
Masters,  in  any  court  having  cognizance  therefor. 

§.6.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 


MASTER  AND  WARDENS  OF  THE    PORT  OF  N.  Y.  33 

the  said  Harbor  Masters  to  superintend  and  enforce  the  execu- 
tion of  all  laws  of  this  state,  and  by-laws  of  the  Corporation 
of  the  city  of  New  York,  for  cleaning  the  docks  and  wharves, 
and  for  preventing  and  removing  all  nuisances  in  or  upon  them, 
or  either  of  them  ;  and  if  the  person  or  persons  whose  duty  it 
shall  be  to  remove  such  nuisance,  shall  refuse  or  neglect  to 
remove  the  same,  within  forty-eight  hours  after  notice  from 
the  said  Harbor  Masters,  oi  one  of  them  requiring  such  per- 
son or  persons  to  remove  the  same,  the  said  Harbor  Masters 
may  thereupon  demand  and  receive  from  such  person  or  per- 
sons so  neglecting  or  refusing,  the  sum  of  two  dollars  and  fifty 
cents  ;  and  in  case  of  non-payment  thereof  on  demand,  the 
same  may  be  sued  for  and  recovered,  in  the  names  of,  and  for 
the  use  of,  the  said  Harbor  Masters,  in  any  court  having  cog- 
nizance thereof. 

"The  Legislature  passed  an  act  January  22,  1823,  entitled 
An  Act  defining  the  powers  of  the  Harbor  Masters  in  the 
city  of  New  York." 

§  7,  Be  it  enacted  by  the  People  of  the  state  of  New 
York  represented  in  Senate  and  Assembly,  that  nothing  con- 
tained in  so  much  of  the  act  entitled  "An  Act  to  reduce  seve- 
ral laws  relating  particularly  to  the  city  of  New  York,  into 
one  act,"  as  relates  to  Harbor  Masters,  shall  be  .so  construed 
as  to  invest  them  with  any  power  or  authority  respecting  ves- 
sels that  lie  at  or  within  any  of  the  wharves,  docks  or  slips, 
belonging  to  the  Mayor,  Aldermen  and  Commonalty  of  the 
city  of  New  York. 


CHAPTER  VI. 

THE  MASTER  AND  WARDENS  OF  THE  PORT  OF  NEW  YORK. 
By  the  act  passed  by  the  Legislature,  March  30, 1831,  there 
are  six  wardens  of  this  port,  including  the  master  warden  : 
and  also  two  special  wardens  to  reside  at  the  quarantine  ground 
in  the  county  of  Richmond,  whose  duty  it  shall  be  to  act  as 
wardens  only  in  regard  to  vessels  and  goods  subject  to  ouaran- 
tine  at  that  place.  The  special  wardens  are  entitled  to  the 
same  fees  as  the  wardens  of  the  port  for  similar  services.  The 
duties  of  the  port  wardens  are  in  relation  to  the  pilots  of  the 
port,  and  to  settle  disputes  between  masters  of  vessels  and 
wharfingers.     The  following  sections  of  the  statute  passed 


34  MASTER  AND  WARDENS  OF  THE  PORT   OF  N.  Y. 

February  19,  1819,  will  exhibit  more  particularly  their  official 
duties  in  relation  to  vessels : 

§  III.  "  And  be  it  further  enacted,  That  the  said  board  of 
wardens,  or  a  majority  of  them,  shall  and  may,  from  time  to 
time,  appoint  a  clerk,  who  shall  not  be  one  ot  the  said  board ; 
and  which  said  board  or  wardens  shall  keep  an  office  in  the 
city  of  New  York,  at  which  office,  a  majority  of  the  said  mas- 
ter and  wardens,  and  their  clerk,  shall  give  attendance  daily, 
(Sundays  and  public  holidays,  and  the  fourth  day  of  July  ex- 
cepted) and  that  the  said  board  of  wardens  shall  cause  to  be 
made,  and  kept  by  their  clerk,  in  a  book  or  books  by  them  to 
be  provided  for  that  purpose,  regular  and  fair  minutes  and  en- 
tries of  all  orders,  regulations,  transactions  and  proceedings  of 
the  said  board,  under  and  by  viriue  of  this  act ;  and  which 
said  book  or  books  of  entries,  shall  and  may  be  inspected  by 
any  person  or  persons  desiring  to  inspect  the  same,  such  per- 
son or  persons  desiring  to  inspect  the  same,  paying  to  the  said 
clerk  twelve  and  an  hall  cents  each  time  the  said  books  shall, 
at  his  or  their  request,  be  opened  and  examined  :  And  further, 
That  the  said  clerk  shall  give  true  copies  of  any  such  entries 
or  minutes,  so  to  be  made  in  the  said  book  or  books,  to  such 
person  or  persons  as  may  require  the  same,  such  person  or 
persons  paying  therefor  to  the  said  clerk  one  cent  for  every 
twelve  words  or  figures  such  copy  shall  contain. 

§  IV.  "  And  be  it  further  enacted^  That  the  master,  or 
one  of  the  owners  or  consignees,  of  every  vessel  arriving  at 
the  port  of  New  York,  (except  vessels  belonging  to  a  citizen 
or  citizens  of  the  United  States,  and  excepting  also  the  ves- 
sels of  other  nations  that  are  permitted  by  the  laws  of  the 
United  States  to  enter  on  the  same  terms  as  vessels  belonging 
to  a  citizen  or  citizens  of  the  United  States)  shall  report  such 
vessel  at  the  office  of  the  said  board  of  wardens,  within  forty- 
eight  hours  after  the  arrival  of  such  vessel  at  the  said  port  of 
New  York,  under  the  penalty  of  fifty  dollars  for  each  and 
every  neglect  or  omission  so  to  do ;  and  shall,  at  the  time  of 
making  such  report,  pay  to  the  said  board  of  wardens,  for 
each  respective  vessel,  (one-fourth  part  thereof  for  the  use  of 
the  pilot  who  shall  have  so  piloted  and  made  report  of  such 
vessel,  as  herein  before  directed,  and  the  residue  thereof  for 
the  use  of  the  said  master  and  wardens)  the  sums  following  : 
that  is  to  say,  the  sum  of  four  dollars  if  of  less  than  on^*  hun- 
dred tons  burthen,  and  the  sum  of  six  dollars  if  of  the  burthen 
of  more  than  one  hundred  and  less  than  two  hundred  tons,  and 
the  sum  of  eight  dollar;-  if  of  the  burthen  of  two  hundred  tons, 
or  more,  but  of  less  than  three  hundred  tons  burthen,  and  the 
sum  of  ten  dollars  if  of  the  burthen  of  three  hundred  tons  or 


MASTER  AND  WARDENS  OP  THE  PORT  OF  N.  Y.  35 

upwards  ;  which  said  respective  sums,  so  made  payable  for 
such  vessels  respectively,  so  arriving  at  the  said  port  of  New 
York,  shall  and  may  be  sued  for  and  recovered,  with  costs  of 
suit,  in  an  action  of  debt,  or  upon  the  case,  by  the  said  board 
of  wardens  by  their  said  name  *  the  master  and  wardens  of 
the  port  of  New  York,'  of  or  from  the  master,  or  the  owner 
or  owners  or  consignees  of  such  vessel,  or  any  or  either  of 
them,  in  any  court  having  cognizance  thereof. 

§  V.  "  And  he  it  further  enacted,  That  the   said   master 
and  wardens  of  the  said  port  of  New  York,  or  any  two  of 
them,  with  the  assistance  of  one  or  more  skilful  carpenters, 
shall  be  surveyors  of  any  vessel  deemed  unfit  to  proceed  to 
sea;  and  the  said  master  and  wardens,  or  any  two  of  them, 
shall  be  judges  of  the  repairs  which  may  be  necessary  for  the 
safety  of  such  vessel  on  the  intended  voyage  ;  and  in  all  cases 
of  vessels  and  goods  arriving  damaged,  and  by  the  owner  or 
consignees  required  to  be  sold  at  public  auction,  on  account 
of  such  damage,  and  for  the  benefit  of  underwriters  out  of  the 
city  of  New  York,  such  sale  shall  be  made  under  the  inspec- 
tion of  the  master  and  wardens,  or  some  one  of  them,  which 
master  and  wardens  shall,  when  required  by  the  owner  or  con- 
signees aforesaid,  certify  tie  cause  of  such  damage,  the  amount 
of  sale  of  such  vessel  or  goods,  and  the  charges  attending  the 
sale,  and  shall  be  allowed  for  their  services  on  board,  or  re- 
lating to  vessels  or  goods  belonging  to  a  citizen  or  citizens  of 
the  United  States,  or  to  vessels  or  goods  belonging  to  citizens 
or  subjects  of  other  nations  that  are  permitted,  by  the  laws  of 
the  United  States,  at  and  after  the  rate  of  one  and  a  half  per 
cent,  on  the  gross  amount  of  sales  thereof;  and  for  each  and 
every  survey  on  board  of  any  ship  or  vessel,  or  at  any  store  in 
the  city  of  New  York,  or  along  the  docks  or  wharves  thereof, 
on  damaged  goods,  they  shall  severally  be  allowed  the  sum  of 
one  dollar  and  fifty  cents  ;  for  each  and  every  certificate,  given 
in  consequence  of  damaged  goods,  one  dollar  and  twenty-five 
cents;  and  for  every  survey  on  board  of  any  ship  or  vessel, 
put  into  the  said  port  in  distress,  to  ascertain  the  damages  sus- 
tained, they  shall  severally  be  allowed  the  sum  of  two  dollars 
and  fifty  cents  ;  and  for  each  and  every  certificate  given  of 
damages  sustained   by  any  ship  or  vessel,  put  into  the  said 
port  in  distress,  and  recording  the  same,  two  dollars  and  fifty 
cents  ;  and  shall,  in  like  manner,  be  allowed  for  their  services 
on  board  of  or  relating  to  any  vessel  paying  foreign  duties  and 
tonnage,  for  the  services  aloresaid,  double  the  amount  of  fees 
herein  above  specified. 

§  VI.  "  And  be  it  further  enacted^   that   all   the   emolu- 


36         "      MASTER  AND  WARDENS  OP  THE  PORT  OP  N.  Y. 

ments  granted  to  the  master  and  wardens  by  this  act,  shall  be 
equally  divided  amongst  them  and  their  clerk." 

There  is  a  Board  of  "  Marine  SurveyorSj^^  appointed  by  the 
Chamber  of  Commerce  who  perform  certain  duties  in  relation 
to  vessels,  in  common  with  the  wardens  of  the  port ;  and  as 
there  is  a  leg>il  controversy  now  pending  between  them  upon  the 
question,  '•'■  whether  the  Marine  Surveyors  are  not  usurping 
the  office  of  the  Wardens,"  I  think  the  safer  course  for  mas- 
ters of  vessels  is  to  call  upon  the  master  and  wardens  until 
that  controversy  shall  have  been  determined.  The  office  of 
the  MASTER  and  WARDENS  of  the  PORT  OF  JNEW 
YORK  is  at  the  N.  E.  corner  of  Wall  and  Water-street. 
Restriction. 

This  controversy  induced  the  legislature  to  pass  an  act 
March  29,  1844,  "declaring  the  rights  and  for  the  relief  of 
the  master  and  wardens  of  the  port  of  New  York. 

§  1.  No  person  or  persons  shall,  under  any  pretence  what- 
ever, do,  perform  or  exercise,  or  attempt  or  offer  to  do,  per- 
form or  exercise,  any  of  the  powers,  functions  or  duties  of 
the  master  and  wardens  of  the  port  of  New  York,  conferred 
on  or  required  of  them  by  law  or  the  act  in  the  next  section 
mentioned,  or  ask,  demand,  take,  accept  or  receive  ol  or  from 
any  person  or  persons  whatever,  any  money,  fee,  emolument 
or  reward  for  any  such  service  ;  which  powers,  functions  and 
duties  are  hereby  declared  to  be  exclusively  vested  in  and  to 
belong  arni  appertain  to  the  master  and  wardens  of  the  port 
of  New  York,  by  virtue  of  their  said  office. 

Penalty. 
§  2.  That  if  any  person  or  persons  shall,  under  any  pre- 
tence whatever,  do,  perform  or  exercise  any  of  the  powers, 
functions  or  duties  of  the  master  and  wardens  of  the  port  of 
New  York,  by  doing  any  of  the  acts  or  performing  any  ot  the 
duties  or  services  belonging  or  appertaining  to  them  or  their 
Baid  office,  specified  in  the  act  entitled  "An  act  to  reduce  the 
laws  particularly  relating  to  the  city  of  New  York  into  one 
act,  so  far  as  the  same  relate  to  the  master  and  wardens,  har- 
bor master  and  pilots  of  the  port  of  New  York  and  their 
duties,  and  for  other  purposes,"  passed  February  19,  1819, 
or  which  otherwise  belong  or  appertain  to  the  said  office,  by 
virtue  of  any  existing  law  of  ihis  state  or  of  the  United  Slates  ; 
each  and  every  person,  so  offending,  shall,  for  each  and  every 
offence,  forfeit  and  pay  to  the  master  and  wardens  of  the 


WHARFAGE.  ^7 

port  of  iVew  York,  the  sum  of  fifty  dollars,  to  be  sued  for  and 
recovered  by  them  in  their  corporate  name,  with  costs  of  suit 
in  any  court  having  cognizance  thereof ;  the  one  half  whereof, 
when  recovered,  to  their  own  use,  and  the  other  half  to  the 
use  of  the  pilots'  charitable  fund  in  the  city  of  New  York; 
Provided,  however,  that  nothing  herein  contained  shall  pre- 
vent any  person  or  persons  from  acting  as  appraisers  or  arbi- 
trators of  damaged  goods  in  any  case  or  cases  belonging  to 
the  duties  of  the  master  and  wardens  of  the  port  of  Mew 
York,  whenever  they  shall  or  may  be  required,  in  writing,  to 
act  as  such,  by  all  parties  and  persons  interested  in  the  act  or 
acts  to  be  done,  or  by  their  lawful  agents,  or  from  making  his 
or  their  report  or  award  in  such  case  or  cases,  as  in  any  other 
matter  of  skill  or  judgment  or  of  arbitration. 


CHAPTER  VII. 
RATES  OF  WHARFAGE. 
The   Legislature  of  this   State  established  the  following 
rates  of  wharfage  by  an  act  passed  April  9,  1813  : 

Vessels  under  50  tons,  per  day,  ^0  50 

Over  50  tons,  and  under  100  tons,  do.  0  62J 

«     100     «       "       "     150     "       "  0  75 

"     150     "       "       «     200     "       «         .0  871     • 
u    200     "       "       "     250     '<       «  1  00 

«    250     "       "       "     300     "       "  1   121 

u    300     «       «       "     350     "       "  1  25 

%.  350     "       "       "     400     "       "  1   374- 

« "400     "       "       "     450     "       "  1  50 

u    450     u       u       u     500     "       «  1   62J 

«     500     «       «       «     550     "       "  1  75 

"    550     "       "       **     600     "       "  1  S7J 

All  vessels  over  600,  additional  12J  cents  for  every  50  tons. 

Wharfage  of  Vessels  while  Repairing  or  Careening. 

The  2d  section  of  the  same  act  says,  "  that  vessels  using 
boats,  scows  or  floating  stages  alongside  for  caulking,  repair- 
ing and  careening,  shall  pay  one-third  more  than  their  regu- 
lar wharfage." 

The  3d  section  of  this  act  says,  that  "  if  any  dispute  shall 
arise  between  the  wharfinger  and  captain,  &c  ,  in  relation  to 
the  tonnage  of  a  vessel,  either  party  may  apply  to  one  of  the 
wardens  of  the  port,  who  shall  decide  such  ditference  by  mea- 
su.ing  the  vessel,  and  his  certificate  shall  decide  the  question 
OK  4 


38  WHARFAGE. 

of  her  tonnage.  The  fees  of  the  port  warden,  which  shall 
not  exceed  $1  25,  must  be  paid  by  the  party  against  whom 
his  decision  shall  be  made." 

The  4th  section  of  this  act  are  in  these  words,  "  And  be  it 
further  enacted,  that  every  ship  or  other  yessel  which  shall 
make  fast  to  any  other  ship  or  vessel  that  shall  be  fastened  to 
any  wharf  and  being  so  fastened  shall  load,  unload  or  careen, 
shall  pay  the  one-half  of  the  rate  of  wharfage  such  ship  or  ves- 
sels would  have  been  liable  to  pay  if  fastened  to  such  wharf, 
and  there  loaded,  unloaded  or  careened." 

By  the  5th  section,  the  master  and  owner,  and  in  their  ab- 
sence, the  factor  or  agent,  or  to  whom  the  vessel  is  consigned, 
shall  be  liable  for  the  wharfage.  It  is  provided,  however,  that 
the  factor,  or  agent  shall  not  be  liable,  unless  an  account  of  the 
wharfage  due,  shall  be  delivered  to  him,  or  in  his  absence,  left 
at  his  usual  place  of  abode,  and  the  money  demanded  before 
the  departure  of  the  vessel. 

The  6th  section  of  this  act  empowers  the  wharfinger  ta 
collect  the  wharfage  by  distraining  on  "  any  goods  or  chattels 
found  on  board  of  the  vessel."  As  this  is  an  extraordinary 
privilege  given  the  whaifinger  over  common  creditors,  the 
statute  requires  him  to  perform  certain  preliminaries  before 
resorting  to  this  rigorous  remedy ,  and,  if  he  neglects  them, 
he  is  liable  to  an  action  of  trespass  and  damages.  The  first  is 
— the  vessel  must  have  laid  at  the  wharf  twenty-four  hours  : 
and,  secondly,  he  must  show  that  the  master  or  owner  refuses 
or  neglects  to  pay  the  wharfage,  "or  give  satisfactory  security 
for  the  payment  of  the  same,  being  thereunto  required  by  the 
wharfinger,  by  notice  in  writing  being  left  on  board  with  the 
mate,  or  one  of  the  hands  belonging  to  the  vessel."  He  may 
also  distrain  for  each  day's  wharfage  due,  "  and  the  goods  and 
chattels  so  distrained  sell  and  dispose  of  in  the  same  manner 
as  is  provided  in  the  case  of  rent." 

The  concluding  words  of  this  statute  clearly  define  this 
IH:ivilege  (^  the  wharfinger ;  and  the  decisions  of  our  Supreme 
Court  between  landlord  and  tenant,  shew  that  he  must  exer- 
cise it  with  a  proper  regard  to  the  legal  rights  of  others. 

The  wharfinger  has  another  remedy  by  an  attachment 
against  the  vessel,  under  the  8th  title,  part  3,  chapter  8th  of 
the  Revised  Statutes. 

In  this  case,  the  amount  of  wharfage  must  exceed  fifty  dol- 
lars, and  is  subject  to  the  following  section  of  the  statute: 

§  2.  "  When  the  ship  or  vessel  shall  depart  from  the  port 
at  which  she  was,  when  such  debt  was  contracted,  to  some 
other  port  within  this  State,  every  such  debt  shall  cease  to  be 


WHARFAGE. 


39 


a  lien  at  the  expiration  of  twelve  days  after  the  day  of  such 
departure ;  and  in  all  cases  such  lien  shall  cease  immediately 
after  the  vessel  shall  have  left  this  state." 

It  has  sometimes  occurred  to  the  captains  that  this  statute 
can  be  avoided  by  running  over  to  Jersey  shore  for  a  night. 

The  Supreme  Court  of  the  State  of  New  York,  in  the  case 
of  Hancock  vs.  Denning  and  Browning,  held  that  "  The  rea- 
sonable construction  is,  that  the  lien  ceases  when  the  vessel 
departs  from  the  port  when  the  repairs  were  made,  or  leaves 
the  state  upon  a  voyasie  or  trip  in  the  pursuit  of  some  kind  of 
trade  or  business  " — HilVs  Reptyrts^  6  vol.  494. 

The  profound  equity  of  this  decision  will  enlighten  these 
moralists  upon  the  futility  of  such  elopements,  and  save  them 
the  expenses  of  a  suit. 

Collection  of  Wharfage. 

The  next  remedy  for  the  collection  of  wharfage,  is  by  the 
process  of  the  Court  of  Admiralty. 

This  remedy  can  be  applied  when  the  demand  exceeds  fifty 
dollars  against  a  vessel  belonging  to  this  state,  and  for  any 
sum  against  a  foreign  bottom,  or  one  belonging  to  a  sister 
state.  The  expensiveness  of  the  proceedings  of  this  court 
deters  wharfingers  Irom  invoking  its  strong  arm  in  the  collec- 
tion of  their  demands  ;  but,  when  once  used,  the  energy,  cele- 
rity, and  expense  of  its  process,  teach  delinquents  the  neces- 
sity of  promptly  paying  their  wharfage- 

The  act  of  the  Assembly,  passed  April  15,  1828,  entitled 
"  An  act  for  the  collection  of  wharfage  in  the  village  of  Brook- 
lyn" establishes  the  same  rate  of  wharfage,  and  confers  upon 
all  the  wharfingers  the  same  remedy  to  collect  it  as  in  the  city 
of  New  York. 

Cranage^ 

The  7th  section  of  the  act  of  April  9th,  1813,  establishes  the 
rates  which  may  be  demanded  by  the  owner  of  the  cranes,  for 
the  use  of  them. 

§  7.  "  And  be  it  further  enacted,  that  the  owner  of  any 
crane  upon  any  of  the  wharves  aforesaid,  may  ask  and  receive 
to  his  use  from  the  master  or  owner  of  any  ship  or  other  ves- 
sel that  shall  employ  such  crane,  the  following  rates,  to  wit  : 
For  taking  out  and  putting  in  the  mast  of  every  sloop  of  the 
burthen  of  eighty  tons,  or  upwards,  the  sum  of  ten  dollars  ; 
and  for  taking  out  or  putting  in  the  mast  of  any  sloop  of  eighty 
tons,  or  upwards,  six  dollars  and  twenty -five  cents ;  for  taking 
out  and  putting  in  the  mast  of  any  square-rigged  vessel,  of  the 
burthen  of  two  humlred  tons,  and  upwards,  the  sum  of  seven 
dollars  aisd  fifty  cents ;  and  for  takinjg  out  and  putting  ia  tbe 


40  GUNPOWDER  IN  VESSELS. 

mast  of  a  square-rigged  vessel  or  schooner,  under  the  burthen 
of  two  hundred  tons,  six  dollars  and  twenty-five  cents ;  for 
taking  out  or  putting  in  the  n:iaNt  of  any  square-rigged  vessel 
of  the  burthen  of  two  hundred  tons,  or  upwards,  the  sum  of 
six  dollars  and  twenty -five  cents  ;  and  for  taking  out  or  putting 
in  the  mast  of  any  square-rigged  vessel  or  schooner,  under  the 
burthen  of  two  hundred  tons,  five  dollars." 


CHAPTER  VIII. 
GUNPOWDER  IN  VESSELS. 

It  is  the  duty  of  captains  to  read  this  subject  with  care,  as 
the  penalties  are  so  heavy,  and  the  offence  productive  of  such 
fearful  consequences,  that  the  authorities  rarely  remit  the 
fines,  or  permit  them  to  be  compromised. 

The  *'  act  to  amend  the  acts  heretofore  passed  for  the  pre- 
vention of  fires  in  the  city  of  New  York,"  passed  April  20, 
1830,  has  five  sections  pertaining  to  gunpowder  in  vessels. 

§  24.  "  It  shall  not  be  lawful  for  any  person  or  persons  to 
have  or  keep  any  quantity  of  gan,.owder  exceeding  twenty- 
eight  pounds  in  weight,  in  any  one  house,  store,  building,  or 
other  place  in  the  city  of  New  York,  to  the  southward  of  a 
line  running  through  the  centre  of  Fourteenth-street,*  from 
the  Njrth  to  the  East  Kiver;  or  to  lade,  receive,  have,  or 
keep  any  greater  quantity  of  gunpowder  than  as  aforesaid,  on 
board  of  any  shipj  vessel^  boat^  or  other  water  craft  whatevefy 
within  three  hundred  y  irds  from  any  wharf,  pier  or  slip  in 
that  part  of  the  city  lying  southward  of  the  said  line. 

§  25.  "  All  gunpowder  which  may  be  kept  in  the  said  city, 
or  on  board  of  any  ship,  vessel,  boat  or  other  water  craft,  to 
th3  SDJthward  of  tha  lini  m3ntion3d  in  the  1  ist  section,  shall 
be  k^pt  in  ston3  jugs  or  tia  canisters,  which  shall  not  contain 
more  than  seven  pounds  each. 

§  28.  "  If  any  person  or  persons  shall  have  or  keep  any 
gunpowder  in  the  city  of  New  York,  or  on  board  of  any  ship, 
vessel,  boat  or  other  water  craft,  to  the  southward  of  the  said 
line,  in  any  minair  contrary  to  tha  foregoing  provisions  of  this 
act,  either  as  to  quantity  or  as  to  the  minnar  of  keeping  the 
sam3,  he,  sh3  or  they,  shall  forfeit  and  pay  the  sum  of  one 
hundred  and  twenty-five  dollars  for  every  hundred  pounds  of 


*  By  the  amended  act  of  May  5,  1841,  the  line  is  extended  to  28th 
street. 


GUNPOWDER  IN  VESSELS.  41 

gunpowder  so  had  or  kept,  and  in  that  proportion  for  a  greater 
or  less  quantity  ;  and  all  such  gunpowder  shall  be  forfeited  to 
the  fire  department  of  the  said  city. 

§  27.  **  The  commander,  or  owner  or  owners  of  every  ship 
or  other  vessel  arriving  in  the  harbor  of  New  York,  and  having 
more  than  twenty-eight  pounds  of  gunpowder  on  board,  shall, 
within  forty-eight  hours  after  such  arrival,  and  before  such 
ship  or  vessel  shall  approach  within  three  hundred  yards  of 
any  wharf,  pier  or  slip,  to  the  southward  of  a  line  drawn 
through  the  centre  of  Fourteenth-street  as  aforesaid,  cause  the 
said  gunpowder  to  be  landed  by  means  of  a  boat  or  boats,  or 
other  small  craft,  at  any  place  without  the  said  limits  which 
may  be  most  contiguous  to  any  magazine  for  storing  gunpow- 
der, and  shall  cause  the  said  gunpowder  to  be  stored  in  such 
magazine,  on  pain  of  forfeiting  the  same  to  the  fire  department 
of  the  city  of  New  York. 

§  28.  "  It  shall  be  lawful  either  to  proceed  with  any  such 
ship  or  vessel  to  sea,  within  forty-eight  hours  after  her  arrival, 
or  to  tranship  such  gunpowder  from  one  ship  or  vessel  to  ano- 
ther, for  the  purpose  of  immediate  exportation,  without  land- 
ing such  gunpowder  as  in  the  last  section  is  directed  ;  but  in 
neither  case  shall  it  be  lawful  to  keep. such  gunpowder  for  a 
longer  time  than  forty-eight  hours  in, the  harbor  or  New  York, 
or  to  approach  with  the  same  within  three  hundred  yards  of. 
any  wharf,  pier  or  slip  in  the  said  city,  to  the  southward  of 
the  line  specified  in  the  last  section,  on  pain  of  forfeiture  as 
therein  mentioned.^*" 

On  the  5th  May,  1841,  the  legislature  passed  an  act  amend- 
ing this  act,  in  these  words: 

§  3.  "  The  penalties  and  provisions  of  the  act  hereby 
amended  shall  not  extend  to  any  vessel  receiving  gunpowder 
or  freight,  provided  such  vessels  do  not  remain  at  any  wharf 
of  the  said  city,  or  within  three  hundred  yards  thereof,  after 
sunset,  or  on  any  other  day  whilst  having  gunpowder  on 
board.  In  case  of  neglect  of  any  of  the  above  provisions,  such 
vessel  and  its  owner  or  owners  shall  be  subject  to  the  provi- 
sions and  penalties  of  the  act  hereby  amended." — Laius  of 
1841,  pa^e  137. 

"  The  Common  Council,  by  an  ordinance  passed  April  23, 
1S39,  authorizes  "  the  Fire  Wardens,  or  either  of  them,  at 
such  times  as  aforesaid,  to  enter  into  and  examine  all  build- 
ings, livery  or  other  stables,  hay  BOATS  or  VESSELS,  and 
places  where  any  gunpowder,  hemp,  flax,  tow,  hay,  rushes, 
firewood,  boards,  shingles,  shavings,  or  other  combustible  ma- 
terials may  be  lodged,  and  give  such  directions  in  writing  in 
the  premises,  as  may  be  deemed  necessary  by  them  or  him 

4* 


42  JiOSPlTAL  MONEY. 

relative  to  the  removal  thereof;  aad  in  case  of  neglect  or  re- 
fusal on  the  part  of  the  possessor  of  such  combustible  mate- 
rials, or  any  of  them,  to  remove  or  secure  the  same,  within 
the  time  and  in  the  manner  directed  by  the  said  Fire  War- 
dens or  either  of  ihem,  the  party  offending  shall  lorfeit  and 
pay  twenty -five  dollars,  and  the  further  sum  of  five  dollars 
for  every  day's  neglect  to  remove  or  secure  the  same  after 
being  so  notified." — Corporation  Ordinances,  page  119. 

STATE  HOSPITAL  MONEY. 
For   Vessels  from  a  Foreign  Port. 
The  last  act  passed  May  13,    1845,  amends  the  former 
acts,  and  fixes  the  sum  to  be  paid  as  follows  : 

§  1  "  From- the  master  of  every  vessel  from  a  foreign  port, 
for  himself  one  dollar  and  fifty  cents,  for  every  cabin  passen- 
ger two  dollars,  for  each  steerage  passenger  fifty  cents,  and 
for  each  mate  and  sailor  one  dollar." 

Coasting  Vessels. 

§  2.  **  From  the  master  of  each  coasting  vessel,  for  eacli 
person  onboard,  twenty-five  cents;  but  no  coasting  \esae\ 
from  the  states  of  New  Jersey,  Connecticut  and  Rhode 
Island,  shall  pay  for  more  than  one  voyage  in  each  month, 
computing  from  the  first  voyage  in  each  year. 

§  3.  ^  !Each  master  paying  hospital  monies  shall  be  en- 
titled to  demand  and  recover,  from  each  person  for  whom 
they  shalt  be  paid,  the  sum  paid  on  his  account. 

§  4.  "  Every  master  of  a  coc^ting  vessel,  shall  pay  to  the 
health  commissioner,  at  his  office,  in  the  city  of  New  York, 
within  twenty-four  hours  after  the  arrival  of  his  vessel  in  the 
port,  such  hospital  monies  as  shall  then  be  demandable  from 
him,  under  the  provisions  of  this  Title,  and  every  master, 
for  each  omission  of  such  duty,  shall  forfeit  the  sum  of  one 
hundred  dollars." 

UNITED  STATES  HOSPITAL  MONEY. 

The  following  sections  of  the  act  of  Congress  of  16th  July,. 
1798,  pertain  to  this  subject : 

§  1 .  "  The  master  or  owner  of  eveiy  vessel  of  the  United 
States,  arriving  from  a  foreign  port,  into  any  port  ot  the 
United  States,  shall,  before  she  be  admitted  to  entry,  render 
to  the  collector  a  true  account  of  the  number  of  seamen  that 
shall  have  been  employed  on  such  vessel  since  she  was  last 
entered  at  any  port  in  the  United  States,  and  shall  pay  to  the 
collector,  at  the  rate  of  twenty  cents  per  month  for  every 


ATTACHMENTS  AGAINST  VESSELS.  43 

seaman  so  employed  ;  which  sum  he  may  retain  out  of  the 
wages  of  such  seamen. 

§  2.  "  No  collector  shall  grant  to  any  vessel,  whose  en- 
rolment or  license  for  carrying  on  the  coasting  trade  has  ex- 
pired, a  new  enrolment  or  license,  hefore  the  master  shall  first 
render  a  true  account  of  the  number  of  seamen,  and  the  time 
they  have  severally  been  employed  on  board  such  vessel, 
during  the  continuance  of  the  license  which  has  so  expired, 
and  pay  twenty  cents  per  month  for  every  month  such  sea- 
men have  been  severally  employed,  which  sum  the  master 
may  retain  out  of  the  wages  of  such  seamen,  and  if  such 
mas'er  shall  render  a  false  account  of  the  number  of  men  and 
length  of  tima  they  have  severally  been  employed,  he  shall 
forfeit  and  pay  one  hundred  dollars." 


CHAPTER  IX. 

ATTACHMENTS  AGAINST  VESSELS. 
1st.  Against  Domestic  Vessels. 
2d.  Against  Vessels  belonging  to  Sister  or  Foreign  States. 
The  following  sections  of  the  Revised  Statutes,  2  vol.  405,. 
will  show  the  liabilities  of  vessels  belonging  to  tld»  state. 

It  may  be  proper  here  to  state  that  the  Court  of  Admiralty 
gives  a  concurrent  remedy,  and  will  enforce  this  statutory  lien 
against  domestic  vessels,  provided  the  Hen  has  not  expired  by 
the  2d  section  of  this  act. 

Debts  which  are  Uens  on  Vessels. 
§  I.  "Whenever  a  debt,  amounting  to  fifty  dollars   or 
upwards,  shall  be  contracted  by  the  master,  owner,  agent  or 
consiojnee  of  any  ship  or  vessel,  within  thisstate^  for  either  of 
the  following  purposes : 

1.  On  account  of  any  work  done,  or  materials,  or  articles 
furnished  in  this  state,  for,  or  towards  the  building,  repairing, 
fitting,  furnishing  or  equipping  such  ship  or  vessel ; 

2.  For  such  provisions  and  stores  furnished  within  this 
state,  as  may  be  fit  and  proper  for  the  use  of  such  vessel,  at 
the  time  when  the  same  were  furnished ; 

3;.  On  account  of  the  wharfage  and  the  expenses  of  keeping 
such  vessel  in  port,  including  the  expenses  incurred  in  employ* 
ing  persons  to  watch  her  ; 

Such  debt  shall  be  a  lien  upon  such  ship  or  vessel,  her 


44  ATTACHMENTS  AGAINST  VESSELS. 

tackle,  apparel  and  furniture  ;  and  shall  be  preferred  to  all 
other  liens  thereon,  except  nniariners'  wages. 

When  Lien  to  Cease. 
§  2.  "  When  the  ship  or  vessel  shall  depart  from  the  port 
at  which  she  was  when  such  debt  was  contracted,  to  some 
other  port  within  this  state,  every  such  debt  shall  cease  to  be 
a  lien  at  the  expiration  of  twelve  days  after  the  day  of  such 
departure  ;  and  in  all  cases  such  lien  shall  cease  immediately 
after  the  vessel  shall  have  left  this  state. 

Who  to  Apply  for  Warrant. 
§  3.  "  Any  person  having  due  to  him  the  sum  of  fifty  dol- 
lars or  upwards,  upon  any  debt  contracted  for  any  of  the  pur- 
poses hereinbefore  specified,  may  make  application  to  any 
officer  authorized  by  law  to  perform  the  duties  of  a  Justice  of 
the  Supreme  Court  at  Chambers,  in  the  county  within  which 
such  ship  or  vessel  shall  then  be,  or  in  the  city  of  New  York 
to  any  Justice  of  the  Superior  Court  of  law  therein,  for  a 
warrant  to  enforce  the  lien  of  such  debt,  and  to  collect  the 
amount  thereof. 

Contents  of  Application  Proof. 
§  4.  "  Such  application  shall  be  in  writing,  and  shall  spe- 
cify? 

1.  By  whom  such  debt  was  contracted,  and  for  what  ship 
or  vessel : 

2.  The  items  composing  such  debt : 

3.  It  shall  be  verified  by  the  affidavit  of  the  creditor,  or  of 
the  person  making  the  application  in  his  behalf,  stating  that 
the  sum  claimed  in  such  account  is  justly  due  to  the  person 
in  whose  behalf  such  application  is  made,  over  and  above  all 
payments  and  discounts : 

And  the  facts  and  circumstances  to  establish  such  demand, 
shall  also  be  verified  by  the  affidavits  of  one  or  more  disinter- 
ested witnesses." 

§  5.  "  The  officer  to  whom  such  application  shall  be 
made,  shall  thereupon  issue  his  warrant  to  the  sheriff  of  the 
county,  commanding  him  to  attach,  seize,  and  safely  keep 
such  ship  or  vessel,  her  tackle,  apparel  and  furniture,  to 
answer  all  such  liens  as  shall  be  established  against  her  accord- 
ing to  law  ;  and  to  make  return  of  his  proceedings  under  such 
warrant  to  the  said  officer,  within  ten  days  after  such  seizure. 

§  6.  "The  sheriff  to  whom  any  such  warrant  shall  be 
directed  and  delivered  shall  forthwith  execute  the  same,  and 
shall  keep  the  ship  or  vessel  and  other  property  seized  by  him, 
to  be  disposed  o£as  hereinafter  directed.    He  shall  also,  within 


i 


•  ATTACHMENTS  AGAINST  VESSELS.  45 

ten  days  after  such  seizure,  make  a  return  to  the  officer  who 
issued  the  warrant,  staling  therein  particularly  his  doings  in 
the  premises  ;  and  shall  make  out,  subscribe,  and  annex 
thereto,  a  just  and  true  inventory  of  all  the  property  so  seized  ; 
which  inventory  shall  be  signed  by  him,  and  annexed  to  his 
return." 

The  remainder  of  this  statute  appertains  to  the  mode  of  at- 
tachment, the  time  of  the  return  of  the  process,  the  bonding 
of  the  vessel,  and  the  trial  of  the  cause.  These  belonging  more 
to  the  duties  of  the  lawyer  than  of  the  shipmaster,  1  have  not 
quoted  the  different  sections  setting  them  forth. 

Collision  of  Vessels. 

Collision  is  a  term  in  the  maritime  law,  and  means  in  com- 
mon parlance,  the  running  of  one  vessel  into  another.  The  law 
of  this  State,  upon  that  subject,  is  contained  in  the  following 
sections  of  the  statute  passed  26th  April,  1831,  and  is  found 
in  the  second  edition  of  Revised  Statutes,  2d  vol.,  410. 

§  1.  "  Whenever  any  ship  or  vessel  shall  have  been  run 
down,  or  run  afoul  of  by  any  other  ship  or  vessel,  through  the 
negligence  or  tvilful  misconduct  of  those  navigating  such  other 
ship  or  vessel,  and  shall  thereby  have  sustained  damage  to  the 
extent  of  fifty  dollars  or  upwards,  the  owner  of  said  ship  or 
vessel  so  sustaining  damage,  shall  have  a  lien  upon  the  ship 
or  vessel  causing  such  damage  in  manner  aforesaid,  her  tackle, 
apparel  and  furniture,  to  the  extent  of  such  damage. 

"  The  master,  owner,  agent  or  consignee  of  the  ship  or 
vessel  so  receiving  damage,  may  make  an  application,  in 
writing,  to  the  same  officer  authorized  under  the  third  section 
of  title  eight,  of  chapter  eight  of  the  third  part  of  the  Revised 
Statutes,  setting  forth  the  name  of  the  ship  or  vessel  causing 
the  damage,  and  the  manner  in  which  said  damage  was  done, 
and  the  amount  of  said  damage ;  and  said  application  shall  be 
verified  by  the  owner  or  master  navigating  the  vessel  so  da- 
maged, and  the  facts  containv^d  in  said  affidavit  shall  also  be 
verified  by  one  or  more  disinterested  witnesses. 

§  2.  "  The  officer  to  whom  said  application  is  made,  in  case 
he  is  satisfic?d  that  said  damage  arose  from  negligence  or  wil- 
ful misconduct,  on  the  part  of  those  navigating  the  vessel 
causing  the  damage,  may  issue  his  warrant  as  provided  in  the 
fifth  section  of  the  act  above  referred  to ;  and  all  proceedings 
under  said  warrant,  shall  conform  to  the  provisions  of  the  said 
act. 

§  3.  "  The  lien  provided  for  under  this  act  shall  cease,  un- 
less a  warrant  shall  issue  within  twenty  days  after  the  damage 
shall  be  done." 


46  WRECKS  AND  3ALVAGE. 

Attachment  against   Vessels  belonging  to  Sister  and 
Foreign  States. 

The  District  Courts  of  the  United  States,  sitting  as  Courts 
of  Admiralty,  of  civil  and  maritime  jurisdiction,  issue  process 
of  attachment  upon  the  filing  of  a  Libel  against  the  above 
vessels  for  the  claims  of  material  men  as  set  forth  in  the  State 
statute,  without  regard  to  the  amount.  In  cases  of  collision, 
the  Admiralty  gives  a  remedy,  although  twenty  days  have  ex- 
pired and  the  sum  be  less  than  fifty  dollars. 

The  Admiralty  issues  process  in  personum  against  owners, 
at  the  instance  of  material  men  and  those  furnishing  supplies, 
for  any  amount,  if  the  vessel  belong  to  a  sister  or  foreign  state  ; 
and  also  against  owners  of  domestic  vessels  residing  in  the 
district,  if  the  sum  exceed  fifty  dollars  and  the  lien  has  not 
ceased  by  the  term  of  the  2nd  section  of  the  above  act. 


CHAPTER  X. 

WRECKS  AND  SALVAGE. 

1st  Revised  Statutes,  688,  Part  1,  Chip.  20,  Title  12. 

This  Statute  makes  ample  provision  for  the  payment  of  sal- 
vage to  those  who  recover  wrecked  property,  ^^  from  any 
stranded  vessel,  or  any  goods  cast  by  the  sea  upon  the  land,  or 
found  in  any  bay  or  creek."*^  It  clearly  appears  from  the  lan- 
guage of  this  act,  that  it  does  not  apply  to  salvors  coming  into 
port  with  the  property  saved  on  the  ^^  high  seas."^^  In  this 
case,  the  United  States  District  Court  of  the  Southern  District 
of  New  York,  or  the  district  into  which  the  property  shall  he 
brought,  has  exclusive  maritime  jurisdiction  ;  and  the  salvors 
will  proceed  at  once  to  a  proctor  and  advocate  of  this  court 
to  obtain  their  salvage. 

There  are  "  Fifteen  wreck-masters  in  the  county  of  Suffolk, 
twelve  in  the  county  of  Queens,  three  in  the  county  of  Kings, 
two  in  the  county  of  Richmond,  and  two  in  the  county  of 
Westchester." — Revised  Statutes,  1.  vol.  91. 

They  are  appointed  by  the  Governor  and  Senate,  and  hold 
their  offices  for  2  years. 


WRECKS  AND  SALVAGE.  47 

The  2d  section  of  the  statute  points  out  the  duty  of  the 
wreck-masteis. 

§  2.  "  rhe  sheriff,  coroners,  and  wreck-masters  of  every 
county  in  which  any  wrecked  property  shall  be  found,  when 
no  owner  or  other  person  entitled  to  the  possession  of  such 
property  shall  appear,  shall  severally  have  power,  and  it  shall 
be  their  duty,  to  pursue  all  necessary  measures  for  saving  and 
securing  such  property  ;  to  take  possession  thereof,  in  whose 
hands  soever  the  same  may  be,  in  the  name  ot  the  people  of 
this  State ;  to  cause  the  value  thereof  to  be  appraised  by  in- 
different persons,  and  to  keep  the  same  in  some  safe  place,  to 
answer  the  claims  of  such  persons  as  may  thereafter  appear 
entitled  thereto." 

The  statute  also  directs  the  mode  of  ascertaining  and  the 
payment  of  the  salvage.  The  25th,  26th  and  27th  sections  of 
this  act,  will  point  out  the  duty  of  persons  finding  property  in 
the  above  maritime  counties. 

§  25.  "  Every  person  who  shall  take  away  any  goods  from 
any  stranded  vessel,  or  any  goods  cast  by  the  sea  upon  the 
land,  or  found  in  any  bay  or  creek,  or  who  shall,  knowingly, 
have  in  his  possession  any  goods  so  taken  or  found,  and  shall 
not  deliver  the  same  to  the  sheriff  or  one  of  the  coroners  or 
wreck-masters  of  the  county  where  the  same  shall  have  been 
found,  within  forty-eight  hours  after  the  same  shall  have  been 
taken  by  him,  or  have  come  into  his  possession,  shall  forfeit 
treble  the  value  of  the  goods  so  taken  or  kept  by  him,  to  the 
owner  or  consignee  thereof,  and  shall  be  deemed  guilty  of  a 
misdemeanor,  punishable  by  fine  or  imprisonment,  or  both,  in 
the  discretion  of  the  court  by  which  he  shall  be  tried. 

§  26.  "  Every  person  who  shall  deface  or  obliterate  the 
maiks  on  wrecked  property,  or  in  any  manner  disguise  the  ap- 
pearance thereof,-  with  intent  to  prevent  the  owner  from  dis- 
covering its  identity,  and  every  person  who  shall  destroy  or 
suppress  any  invoice,  bill  of  lading,  or  other  document,  tend- 
ing to  show  the  ownership  of  wrecked  property,  shall  be 
deemed  guilty  of  a  misdemeanor,  punishable  by  fine  and  im- 
prisonment, the  fine  not  to  exceed  two  thousand  dollars,  the 
imprisonment  three  years. 

§  27.  "  It  shall  be  the  duty  of  all  judges,  sheriffs,  justices 
of  the  peace,  coroners,  constables  and  wreck-masters,  to  pre- 
sent all  offences  and  offenders  against  the  provisions  of  this 
title,  that  shall  come  to  their  knowledge,  within  their  respec- 
tive counties,  to  the  grand  jury,  at  the  next  court  of  general 
sessions  therein." 


48  PILOTS    AND  PILOTAGE. 

CHAPTER  XI. 
PILOTS  AND  PILOTAGE 

Of  the  Pmt  of  New  York. 

The  Legislature  of  the  State  of  New  York,  on  the  1st  of 
Apiil  1845,  passed  the  following  act  repealing  all  former  acts 
in  relation  to  the  pilots  by  the  way  of  Sandy  Hook. 

§  1.  "  All  laws  and  parts  of  laws  relative  to  pilots  or  pilotage 
of  the  poit  of  JNew  York,  by  the  way  of  Sandy  Hook,  are 
hereby  repealed  :  Provided,  however,  that  all  persons  holding 
licenses  as  such  pilots  on  the  tenth  day  of  March,  eighteen 
hundred  and  forty-five,  shall  be  and  continue  to  be  pilots 
by  the  way  of  Sandy  Hook ;  but  nothing  herein  contained 
shall  be  held  to  prohibit  other  persons  from  acting  as  such 
pilots"— Law?  1845,;).  30. 

From  this  act  it  will  appear  that  any  pTson  may  now  ex- 
ercise the  duties  of  a  pilot  by  the  way  of  Sandy  Hook. 

HELL  GATE  PILOTS. 

The  various  acts  passed  by  the  Legislature  of  the  State  of 
New  York  in  relation  to  the  pilots  of  the  East  River,  com- 
monly called  Hell  Gate,  are  still  in  force.  The  last  act, 
passed  May  17,  1841  presents  all  that  is  necessary  for  the 
shipmasters'  perusal. 

The  three  first  sections  appertain  to  their  appointments,  and 
to  the  kind  of  boats  which  they  must  to  use. 

The  following  is  the  4th  section,  and  contains  the  rate  of 
pilotage : 

Amount  of  Pilotage  to  he  Charged  for  Each  Vessel. 
§  4.  "  It  shall  be  lawful  for  any  such  pilot  or  deputy  to  de- 
mand and  receive  from  any  person  who  shall  employ  any  of 
them  to  pilot  any  vessel  of  the  burden  of  ninety-five  tons  and 
upwards,  or  from  the  consignee  or  owner  of  said  vessel,  from 
the  eastward  ot  Sand's  Point  or  Execution  Hocks,  or  take 
charge  of  any  such  vessel  at  or  to  the  eastward  of  Sand's 
Point  or  Execution  Rocks,  and  pilot  her  to  the  port  of  New 
York,  or  to  pilot  her  from  the  port  of  New  York  to  Sand's 
Point  or  Execution  Hocks,  for  every  vessel  one  dollar  and 
fifty-ct-nts  for  each  and  ever}'  foot  of  water  such  vessel  may 
draw ;  and  fiom  the  eastward  of  Hell  Gate  to  the  port  of 
New  York,  one  dollar  for  each  and  every  foot  of  water  such 
vessel  may  draw  ;  and  for  pilotage  from  the  port  of  New 
York   to  the  eastward  of  either    of  the   before   mentioned 


PILOTS  AND  PILOTAGE.  49 

points  or  places,  they  shall  be  entitled  to  receive  the  same 
compensation  as  is  above  provided  when  the  said  vessel  is 
bound  to  the  port  of  New  York.  And  every  pilot  or  deputy 
pilot  shall,  for  such  services,  be  entitled,  in  addition  to  the 
above  mentioned  rates  of  compensation,  to  demand  and  receive 
the  further  sum  of  twenty-five  cents  for  each  and  every  foot 
of  water  which  any  square  rigged  vessel  may  draw  which 
they  shall  pilot  to  or  from  the  said  port  of  New  York.  And 
furiher,  from  the  first  day  of  iSovi*mber  to  the  first  day  of 
April  in  every  year,  every  such  Hell  Gale  or  deputy  pilot 
shall  be  entitled  to  demand  and  receive  for  every  ship,  barque 
or  brig,  the  sum  of  two  dollars,  and  for  every  schooner  or 
sloop  the  sum  of  one  dollar,  in  addition  to  the  rates  of  com- 
pensation for  pilotage  hereby  established.  And  every  master 
or  commander  of  any  vessel  who  shall  give  to  such  Hell  Gate 
or  deputy  pilot  an  untrue  account  of  the  draft  of  water  or 
tonnage  of  his  vessel,  shall  forfeit  and  pay  the  sum  of  twenty- 
five  dollars,  to  be  sued  for  and  recovered  by  the  said  boaid  of 
wardens. 

Pay  of  Pilots  or  Deputies  first  offering  to  Serve. 

§  5.  "  Any  of  said  Hell  Gate  or  deputy  pilots,  who  shall 
first  tender  his  services,  may  demand  and  receive  from  the 
master,  owner  or  consignee  of  any  vessel  of  the  burden  of 
ninety-five  tons  and  upwards,  navigating  the  said  channel  of 
Hell  Gate,  to  whom  he  shall  have  tendered  his  services  as  a 
pilot,  and  by  whom  the  same  shall  be  refused,  whether  inward 
or  outward  bound,  one  half  pilotage  for  every  foot  of  water 
such  vessel  may  draw,  which  half  pilotage  shall  be  the  one- 
half  of  the  rates  of  compensation  established  by  the  fourth 
section  of  this  act.  But  such  half  pilotage  shall  not  be  charge- 
able to  any  vessel  under  ninety-five  tons  burden,  sailing  under 
a  coasting  license,  and  shall  not  be  chargeable  more  than  once 
for  the  same  passage  to  any  vessel.  And  in  case  any  such 
vessel  under  ninety-five  tons  burden  navigating  the  said  chan- 
nel, to  or  from  the  port  of  New  York,  shall  make  the  usual 
signal  for  a  pilot,  and  shall  lefuse  to  receive  on  board  and 
employ  such  pilot  when  he  shall  have  tendered  his  services, 
then  the  master,  owner  or  consignee  of  such  vessel  shall  pay 
to  such  Hell  Gate  or  deputy  pilot,  such  half  pilotage  from  the 
place  at  which  such  pilot  shall  have  so  offered  his  services.— 
And  any  pilot  who  shall  pilot  any  government  vessel  through 
the  said  channel,  shall  be  entitl  'd  to  receive  the  same  com- 
pensation th^^refor  as  is  now  provided  by  law  for  like  services 
in  piloting  such  vessel  to  or  from  the  port  of  New  York  by  the 
way  of  feandy  Hook." 

5 


60  PASSENGER    VESSELS. 

Steam   Vessels  Excepted. 

§  7.  "  This  act  shall  not  be  construed  to  apply  to  vessels 
navigated  by  means  of  steam." 

The  act  of  April  16,  1832,  has  two  sections  worthy  of  the 
shipmasters'  attention. 

Far  extra  Services. 

§  8.  "  The  master,  owner  or  consignee  of  any  ship  or  ves- 
sel to  whom  any  Hell-Gate  pilot  shall  have  rendered,  upon 
request  of  the  master  of  said  ship  or  vessel  any  extra  service 
for  the  preservation  of  said  ship  or  vessel  while  in  distress, 
shall  pay  to  said  pilot,  in  addition  to  the  compensation  set 
forth  in  the  preceding  section,  such  amount  for  extra  services 
as  the  board  of  wardens  shall  determine  to  be  a  reasonable  re- 
ward ;  and  for  every  day  which  any  Hell-Gate  pilot  shall  be 
detained  on  board  any  ship  or  vessel  over  and  above  twenty- 
four  hours,  he  may  demand  and  receive  from  the  master  ow- 
ner or  consignee  of  said  vessel,  two  dollars  a  day  for  each  and 
every  day  he  shall  be  so  detained. 

Pilotage  refused^  how  to  he  recovered- 

§  11.  "  The  pilotage  authorised  by  law  to  be  collected 
whenever  a  pilot  shall  be  refused,  shall  be  sued  for  and  re- 
covered in  the  name  of  the  master  warden  of  the  port  of  Mew 
York,  before  any  assistant  justice  of  the  city  of  New  York, 
or  before  any  justice  of  the  peace  ;  and  such  half  pilotage, 
when  recovered,  after  paying  necessary  costs  and  charges, 
shall  be  deposited  in  the  Savings  bank  of  said  city,  and  con- 
stitute a  charitable  fund,  to  be  disposed  of  for  the  benefit  of 
indigent  widows  and  orphan  children  of  deceased  Hell-Gate 
pilots,  under  the  direction  of  said  master  warden. 


CHAPTER  XII. 
PASSENGER  VESSELS. 
This  act  is  of  importance  to  masters  of  vessels,  and  is  some- 
times overlooked  by  our  coastwise  captains. 
*'  AN  ACT  concerning  Passengers  in  Vessels  coming  to  the 
Port  of  New  York. 
(Passed  February  11,  1824.) 
I.  "  BE  it  enacted  by  the  Pecple  of  the  State  of  New  Yorky 
represented  in  Senate  and  Assembly^  That  every  master  or 
commander  of  any  ship  or  other  vessel  arriving  at  the  port  of 
New  York  from  any  country  out  of  the  United  States,  or  from 
any  other  of  the  United  States  ;han  this  state,  shall  within 
twenty -four  hours  after  the  arrival  of  such  ship  or  vessel  in 


PASSENGER  VESSELS. 


51 


the  said  port,  make  a  report  in  writing,  on  oath  or  affirmation, 
to  the  mayor  of  the  city  of  New  York,  or  in  case  of  his  sick- 
ness or  absence,  to  the  recorder  of  the  said  city,  of  the  name, 
place  of  birth,  and  last  legal  settlement,  age  and  occupation 
of  every  person  who  shall  have  been  brought  as  a  passenger 
in  such  ship  or  vessel  on  her  last  voyage  from  any  country  out 
of  the  United  States,  into  the  port  of  New  York,  or  any  of 
the  United  States,  and  from  any  of  the  United  States,  other 
than  this  state,  to  the  city  of  i^ew  York,  and  of  all  passengers 
who  shall  have  landed,  or  been  suffered  or  permitted  to  land 
from  such  ship  or  vessel,  at  any  place  during  such  her  last 
voyage,  or  have  been  put  on  board,  or  suffered  or  permitted  to 
go  on  board  of  any  other  ship  or  vessel,  with  the  intention  of 
proceeding  to  the  said  city,  under  the  penalty,  on  such  master 
or  commander,  and  the  owner  or  own«'rs,  consignee  or  con- 
signees of  such  ship  or  vessel,  severally  and  respectively,  of 
seventy-five  dollars  for  every  person  neglected  to  be  reported, 
as  aforesaid,  and  for  every  person  whose  name,  place  of  birth, 
and  last  legal  settlement,  age  and  occupation,  or  either  or  any 
of  such  particulars,  shall  be  falsely  reported  as  aforesaid,  to 
be  sued  for  and  recovered  as  hereinafter  provided. 
Sweties  may  be  required  in  Certain  Ca^es. 
II.  "  A7id  be  it  further  enacted,  That  it  shall  be  lawful  for 
the  said  mayor,  or  in  case  of  his  sickness  or  absence,  for  the 
said  recorder,  to  require  by  a  short  endorsement  on  the  afore- 
said report,  every  such  master  or  comtnander  of  any  such  ship 
or  vessel  to  be  bound  with  two  sufficient  sureties,  (to  be  ap- 
proved of  by  the  said  mayor  or  recorder)  to  the  mayor  alder- 
men and  commonalty  of  the  city  of  New  York,  in  such  sum 
as  the  said  mayor  or  recorder  may  think  proper  not  exceedinfj 
three  hundred  dollars  for  each  passenger  not  being  a  citizen  of 
the  United  States,  to  indemnify  and  save  harmless  the  said 
mayor,  aldermen  and  commonalty,  and  the  overseers  of  the 
poor  of  the  said  city,  «,nd  their  successors,  from  all  and  every 
expense  and  charge  which  shall  or  may  he  incurred  by  them 
for  ihe  maintenance  and  support  of  every  such  person,  and 
for  the  maintenance  and  support  of  the  child  or  children  of 
any  such  person,  which  may  be  born  after  such  importation, 
in  case  such  person  or  any  such  child  or  children  shall  at  any 
time  within  two  years  from  the  date  of  such  bond,  become 
chargeable  to  the  said  city ;  and  that  if  any  such  master  or 
commander  shall  neglect  or  refuse  to  give  such  bond  within 
three  days  after  such  vessel  shall  have  so  arrived  at  the  said 
port  of  New  York,  every  such  master  or  commander,  and  the 
owner  or  owners,  consignee  or  consignees  of  such  ship  or  ves- 
sel, severally  and  respectively,  shall  be  subject  to  a  penalty  o 


62  PASSElfGER  TESSELS. 

five  hundred  dollars,  for  each  and  every  person  not  being  a 
citizen  of  the  United  States,  for  whom  the  mayor  or  recorder 
shall  determine  that  bonds  should  have  been  given  as  afore- 
said, to  be  sued  for  and  recovered  as  hereinafter  provided. 
Duty  of  Masters  to  Remove  Persons  likely  to  become  Chargeable. 

III.  "  And  be  it  further  enacted,  That  whenever  any  person 
brought  in  any  such  ship  or  vessel,  and  being  a  citizen  of  the 
United  States,  shall  by  the  said  mayor  or  recorder  be  deemed 
likely  to  become  chargeable  to  the  said  city,  the  master  or 
commander,  owner  or  owners  of  such  ship  or  vessel  shall, 
upon  an  order  for  that  purpose,  under  the  hand  of  the  said 
mayor,  or  the  said  recorder,  remove  every  such  person  with- 
out delay  to  the  place  of  his  last  settlement,  and  in  default 
thereof  shall  severally  and  respectively  be  bound  to  pay  all 
such  charges  and  expenses  as  the  said  city  shall  or  may  sus- 
tain, or  be  put  unto,  in  and  about  the  maintenance  and  re- 
moval of  such  person,  to  be  sued  for  and  recovered  as  herein- 
after provided. 

Duty  of  Persons  coming  to  New  York  to  Report  themselves. 

IV.  "  And  be  it  further  enacted,  That  every  person  not  be- 
ing a  citizen  of  the  United  States,  who  shall  enter  the  said 
city  with  the  intention  of  residing  therein,  shall  within  twenty- 
four  hours  thereafter  make  a  report  of  himself  in  writing,  on 
oath  or  affirmation,  to  the  mayor,  or  in  case  of  his  sickness  or 
absence,  to  the  recorder  of  the  said  city,  stating  his  name, 
age,  and  occupation,  the  name  of  the  ship  or  vessel  in  which 
he  arrived,  the  time  and  place  when  and  where  he  landed,  and 
the  name  of  the  commander  of  such  ship  or  vessel,  under  the 
penalty  of  one  hundred  dollars. 

Penalties  how  to  be  Sued  for  and  Applied. 

V.  "  And  be  it  further  enacted,  That  all  and  singular  the 
aforesaid  penalties  and  forfeitures  shall  and  may  be  sued  for 
and  recovered,  with  full  costs  of  suit,  by  action  of  debt,  in 
any  court  having  cognizance  thereof,  in  the  name  of  the  said 
mayor,  aldermen  and  commonalty,  and  when  recovered  by 
them  shall  be  applied  towards  the  support  of  the  poor  of  the 
said  city,  and  the  defendant  or  defendants  in  every  such  suit 
shall  be  held  to  special  bail,  and  the  said  supieme  court  may 
direct  the  trial  thereof  by  a  jury  of  any  county  that  may  be 
judged  proper  ;  and  that  it  shall  be  lawful  for  the  said  mayor, 
aldermen  and  commonalty  to  compound  for  the  said  penalties 
and  forfeitures,  or  any  of  them,  either  before  or  after  suing  for 
the  same,  upon  such  terms  as  they  may  think  proper. 

Liability  of  the  Vessels  to  Seizure^  8fc. 

VI.  ^'  And  be  it  further  enacted^  That  every  ship  or  vessel 


LANDING   OP  EMIGRANT  ALIENS. 


6^ 


bn  Iboarcl  of  which  any  such  person,  not  being  a  citizen  of  the 
United  States,  may  have  been  a  passenger,  shall  be  liable  for 
the  said  pfenalties,  and  may  be  proceeded  against  by  informa- 
tion, in  any  other  court  having  cognizance  thereof,  and  by  at- 
tachment and  seizure  grounded  thereon,  for  any  neglect  of  the 
provisions  of  this  law,  unless  the  owners  thereof  shall  give 
bond,  with  sufficient  sureties,  to  the  sheriff  serving  such  at- 
tachment, for  the  payment  of  the  said  penalties,  and  every  of 
them,  which  may  have  been  incurred  during  or  since  the  last 
voyage  of  the  said  ship  or  vessel,  or  for  paying  the  value  oif 
such  ship  or  vessel  towards  the  satisfaction  of  such  penalties 
as  may  have  been  incurred,  and  such  value  shall  be  ascer- 
tained by  the  wardens  of  the  port  of  New  York,  or  any  two 
of  them  ;  and  such  bonds  shall  be  assignable  as  bail  bonds  are 
by  law,  and  be  subject  to  such  order  respecting  the  same  as 
the  said  supreme  court  may  judge  it  proper  to  make. 
False  Sweariny  declared  Perjury. 

VIII  "  And  be  it  further  enacted,  That  any  person  swearing 
or  affirming  falsely  under  this  act  shall  be  adjudged  guilty  of 
perjury,  attd  liable  to  all  the  pains  and  penalties  thereof." 
Landing  of  Emigrant  Aliens. 

The  Corporation,  on  the  12th  of  May,  1845,  passed  an 
ordinance  entitled,  "  An  ordinance  for  regulating  the  landing 
of  Emigrant  Aliens  in  the  city  of  New  York."  The  first 
four  sections  of  this  ordinance  apply  to  emigrant  runners  and 
boarding  hotfees,  and  the  5th  and  6th  sections  to  Vessels  and 
the  place  of  their  landing  the  emigrants. 

§  5.  "  The  Mayor  may  license  such  a  number  of  steam- 
boats or  lighters  as  he  may  deem  necessary  to  receive  alien 
emigrants  and  their  luggage  from  vessels  arriving  at  this  port, 
not  subject  to  quarantine,  to  be  landed  on  the  emigrant  pier 
aforesaid,  for  which  license  every  steatnboat  ot  lighter  shall 
pay  the  sum  of  ten  dollars  pet  annum. 

§  6  "  It  shall  be  the  duty  of  every  shipmaster,  owner  or 
consignee  bringing  to  this  port  any  alien  emigrants,  steerage 
passengers  in  vessels  not  subject  to  quarantine,  to  cause  the 
same  with  their  luggage  to  be  landed  on  the  emigrant  pier 
aforesaid,  either  directly  from  the  vessel  or  by  means  of  some 
steamboat  or  lighter,  licensed  by  the  Mayor  as  aforesaid,  and 
the  landing  of  them  upon  any  other  pier  or  wharf  shall  be 
punished  by  a  fine  of  not  less  than  two  hundred  dollars,  and 
not  exceeding  two  hundred  and  fifty  dollars." 

The  wharf  for  the  landing  of  emigrant  aliens  is  at  present 
at  the  foot  of  Liberty  street,  North  River. 

5  OK 


CHAPTER  XIII. 

THE  LAW  OF  QUARANTINE 

OF    THE 

rORT  OF  NEW  YORK. 

[From  the  1st  volume  of  the  Revised  Statutes,  p.  419.3 


OFFICERS  AND  THEIR  FEES. 

Th?  board  of  health,,  in  the  City  of  New  York,  of  which 
the  Mayor  is  ex -officio  the  president,  is  appointed  by  the  Com- 
mon Council. 

The  health  officer,  resident  physician  and  health  commis- 
sioner, are  the  commissioners  of  health.  The  fees  of  the 
health  officer  are  fixed  by  statute  thus  : 

§  13.  "  The  health  officer  shall  be  entitled  to  receive  the 
folio winsj  fees  far  visiting  and  examining  vessels  in  the  dis- 
charge of  his  official  duties. 

1 .  For  every  vessel  from  a  foreign  port,  six  dollars  and 
fifty  cents. 

2.  For  each  vessel  from  a  place  in  the  United  States  south 
of  Cape  Henlopen,  if  above  one  hundred  and  sixty  tons,  three 
dollars  ;  if  not  exceeding  one  hundred  and  sixty,  and  above 
one  hundred  tons,  two  dollars  ;  if  b."low  one  hundred  tons,  one 
dollar,  and  such  fees  shall  be  paid  by  the  respective  masters 
of  the  vessels  so  visited  and  examined. 

§  15.  '*  The  board  of  health  shall  appoint  an  inspector  of 
vessels,  who  shall  perform  the  duties  required  of  him  in  this 
chapter,  and  shall  be  entitled  to  receive  the  following  fees: 

For  each  cargo  inspected  by  him  under  the  direction  of  the 
board  of  health,  three  dollars. 

For  each  vessel  cleansed  and  purified  by  him  under  the  like 
direction,  five  dollars  ;  which  fees  shall  be  paid  by  the  owner 
or  consignee  of  the  cargo  inspected  or  vessel  purified. 
ARTICLE  FIRST. 

OJ  the  Place  of  Quarantine,  and  the  Vessels  and  Persons  subject 
thereto. 
§  1  "  The  anchorage  place  of  vessels  at  quarantine,  shall 
be  as  near,  as  may  be,  to  the  marine  hospital  on  Staten  Island^ 


THE  LAW  OF  QUARANTINE.  55 

How  Designated. 
§  2.  "  The  quarantine  anchorage   shall   be   designated  by 
buoys,  to  be  fixed  under  the  direction  of  the  health  officer,  and 
every  vessel  subject  to  quarantine  shall  anchor  within  them. 

Certain  Vessels  to  he  Anchored  there. 

§  3.  "  Every  vessel  in  this  Article  declared  to  be  subject  to 
quarantine,  shall,  immediately  on  her  arrival,  proceed  to,  and 
be  anchored  at  the  place  then  assigned  for  quarantine ;  and 
shall  remain  there  with  her  officers,  passengers  and  crew,  dur- 
ing her  quarantine,  subject  to  the  examination  of  the  health 
officer,  to  the  provisions  of  this  title,  and  to  such  regulations 
as  the  health  officer  or  board  of  health  shall  lawfully  impose. 

Vessels  subject  to  Quarantine. 

§  4.  "  Vessels  arriving  in  the  port  of  New  York  are  declared 
to  be  subject  to  quarantine,  and  shall  be  classed  as  follows  : 

1.  "  All  vessels  from  a  foreign  port,  having  forty  or  more 
passengers,  or  on  board  of  which,  during  the  voyage,  or  whilst 
at  the  port  of  departure,  any  person  shall  have  been  sick,  ar- 
riving between  the  first  day  of  April  and  the  first  day  of  No- 
vember in  any  year. 

2.  "  All  vessels  arriving  between  the  thirty-first  day  of  May 
and  the  sixteenth  day  of  October,  in  any  year,  from  any  place, 
in  the  ordinary  passage  from  which,  they  must  pass  to  the 
south  of  Cape  Henlopen. 

3.  *'  All  vessels  from  any  place  (including  islands)  in  Asia, 
Africa,  or  the  Mediterranean,  or  from  either  of  the  West  India, 
Bahama,  Bermuda,  or  Western  islands,  or  from  any  place  in 
America,  in  the  ordinary  passage  from  which  they  must  pass 
south  of  Georgia,  arriving  between  the  first  day  of  Aptil,  and 
the  first  day  of  November,  in  any  year. 

4.  "  All  vessels  from  any  place  where  yellow,  bilious,  malig- 
nant, or  other  pestilential  or  infectious  fever  existed  at  the  time 
of  their  departure,  or  on  board  of  which,  during  the  voyage, 
any  case  of  any  such  fever  shall  have  occurred,  arriving  be- 
tween the  first  day  of  April  and  the  first  day  of  November,  in 
any  year. 

5  "  All  vessels  which,  if  they  had  arrived  direct  from  their 
foreign  port  of  departure,  would  have  been  included  in  the 
tou-th  class,  that  shall  arrive  at  any  place  in  the  United 
States,  or  British  North  America,  and  proceed  thence  to  the 
port  of  New  York,  between  the  fiirst  day  of  June  and  the  first 
day  of  October^  in  any  year. 

§  5.  '*  Kvery  vessel  included  in  the  first  two  classes  of  the 
preceding  section,  shall  be  subject  to  such  length  of  quaranr 


56  THE  LAW  OF  QUARANTlfHC. 

line,  and  other  regulations,  as  the  health  officer  shall  designate 
and  enjoin. 

§  6,  "  Every  vessel  included  in  the  third  class,  which  shall 
arrive  between  the  thirty-first  day  of  May  and  the  first  day  of 
October,  in  any  year,  shall  remain  at  quarantine  for  two  days, 
and  for  such  further  period  as  the  health  officer  shall  deem  ex- 
pedient ;  but  from  the  provisions  of  this  section,  vessels  from 
Canton  and  Calcutta  are  excepted,  unless  they  shall  have  been 
at  some  place  in  the  West  Indies,  or  in  America  south  of  St. 
Mary's  in  Georgia,  and  north  of  the  equator,  or  on  the  con- 
tinent or  islands  near  the  continent  of  Africa,  after  the  fifteenth 
day  of  May,  in  the  year  of  their  arrival. 

§  7  "  Every  vessel  in  the  fourth  class,  which  shall  arrive 
within  the  days  mentioned  in  the  last  section,  and  every  vessel 
in  the  fifth  class,  shall  remain  at  quarantine  for  at  least  thirty 
days  after  her  arrival,  and  in  all  cases,  at  least  twenty  days 
after  her  whole  cargo  shall  have  been  discharged  and  landed, 
and  shall  perform  such  further  quarantine  as  the  health  officer 
shall  prescribe. 

§  8.  "  All  vessels  subject  to  a  regular  quarantine,  shall,  if 
navigated  by  steam,  be  subject  only  to  such  length  of  quaran- 
tine and  other  regulations,  as  the  health  officer  shall  enjoin. 

§  9.  "  The  quarantine  of  vessels  subject  thereto,  where  no 
period  of  regular  quarantine  is  prescribed,  shall  be  limited  by 
the  discretion  of  the  health  officer  ;  but  unless  under  special 
circumstances,  and  with  the  sanction  of  the  board  or  commis- 
sioners of  health,  it  shall  not  exceed  the  time  requisite  for  a 
due  examination  of  the  vessel  and  cargo,  and  a  compliance 
with  the  regulations  of  this  chapter. 

§  10  "Every  vessel  arriving  in  the  port  of  New  York 
coastwise,  after  the  first  day  of  June,  which  has  been  to  the 
West  Indies,  or  America,  south  of  Georgia,  shall  be  subject 
to  the  same  regulations  as  are  imposed  on  such  vessels  under 
similar  circumstances,  that  have  arrived  direct  at  the  port  of 
New  York. 

Vessels  how  removed  from  Wharves. 

§  11.  "  The  Mayor  of  the  city  of  New  York,  or  the  board, 
or  the  commissioners  of  health,  whenever  in  their  judgment 
the  public  health  shall  require  it,  may  order  any  vessel  at  the 
wharves  of  the  city  or  in  its  vicinity,  to  the  quarantine  ground, 
or  other  place  of  safety,  and  may  require  all  persons,  articles 
or  things,  1  nded  or  introduced  into  the  city  from  such  vessel, 
to  be  seized  and  returned  on  board,  or  removed  to  the  quaran- 
tine ground.  Incase  the  master,  owner,  or  consignee  of  the 
vessel  cannot  be  found,  or  shall  refuse  or  neglect  to  obey  the 
order  of  removal,  the  mayor  or  the  board  of  health  shall  have 


THE  LAW  OF  QUARANTINE.  57 

power  so  to  remove  the  vessel,  at  the  expense  of  such  master, 
owner,  or  consignee. 

Not  to  return. 
§  12.  "  No  vessel,  nor  person  so  ordered  out,  shall  return 
to  the  city  without  the  written  permit  of  the  board  of  health, 
the  mayor,  or  the  commissioners  of  health. 

When  Vessels  may  pass  through  the  Sound. 
§  13.  "  If  any  vessel  arriving  at  the  quarantine  ground, 
shall  be  bound  to  some  port  eastward  of  the  city  of  I^ew 
York,  and  beyond  this  state,  the  health  officer,  after  having 
duly  visited  and  examined  her,  may  permit  her  to  pass  on  her 
voyage  through  the  Sound  ;  but  no  such  vessel  shall,  in  that 
case,  be  brought  to  anchor  off  the  city,  nor  shall  any  of  her 
crew  or  passengers  land  in,  or  hold  any  intercourse  or  com- 
munication with  the  city,  or  with  any  person  therefrom. 

ACTS  RELATING  TO  PUBLIC  HEALTH. 

The  next  five  sections  were  added  by  the  act  passed  2d, 
May,  1836,  see  law  of  1836,  chap.  230,  p.  295. 

Privileges  of  certain  Vessels. 
§  1.  "  All  articles  arriving  in  vessels  subject  to  quarantine, 
•whose  exportation  by  sea  or  transportation  up  the  North  or 
East  rivers,  and  which  may,  without  danger  to  the  public 
health,  be  shipped  from  the  wharves  of  the  city  of  New  York, 
may,  by  permission  of  the  board  of  health,  or  the  mayor  and 
commissioners  ol  health,  be  brought  to  the  city  of  New  York 
for  the  above  object. 

Vessels  arriving  from  the  West  Indies  8fc. 
§  2.  "  No  vessel  subject  to  a  regular  quarantine  of  two 
days,  unless  she  shall  have  sailed  from  some  port  in  the  West 
Indies,  or  in  America  south  of  Louisiana,  and  north  of  the 
equator ;  or  from  some  port  or  place  in  the  United  States 
south  of  Georgia,  btfore  the  first  day  of  June  in  the  year  of 
her  arrival,  shall,  when  released  from  quarantine,  approach 
within  three  hundred  yards  of  that  part  of  the  island  of  New 
York  which  lies  southward  of  Bank  street,  on  the  North  river, 
and  of  Eighth  street  on  the  East  river,  until  after  the  first  day 
of  October  in  the  year  of  her  arrival,  unless  by  virtue  of  a 
special  permission  to  be  granted  by  the  board  of  health,  or  the 
mayor  and  commissioners  of  health,  which  permission  shall 
not  extend  to  embrace  any  time  between  the  first  day  of  June 
and  first  day  of  September  in  the  year  of  her  arrival,  unless 
under  the  circumstances  mentioned  in  the  following  section. 


58  THE  LAW  OF  QUARANTINE. 

Vessels  arriving  from  Asia,  S^c. 
§  3.  "  If  such  vessel  shall  have  arrived  from  any  place  in 
the  Mediteranean,  in  Asia,  in  America  south  of  the  equator, 
or  from  the  Madeira,  Canary,  Cape  de  Verds,  Western,  Ber- 
muda, or  Bahama  Islands  ;  the  mayor  and  commissioners  of 
health,  may,  by  a  special  permission,  in  writing,  direct  her  to 
be  hauled  to  a  wharf  south  of  the  bounds  so  prescribed,  and 
in  their  discretion  may  first  order  her  cargo,  or  any  portion 
thereof,  to  be  unloaded,  subject  to  their  orders  and  regulations. 

Vessels  subject  to  Quarantine  of  Thirty  Days. 
§  4.  "  No  vessel  subject  to  a  reojular  quarantine  of  thirty 
days,  when  permitted  to  leave  the  quarantine  ground,  shall 
approach  within  three  hundred  yards  of  the  city  of  New  York, 
between  the  first  day  of  June  and  the  first  day  of  October  in 
the  year  of  her  arrival,  unless  permitted  by  the  board  of  health, 
or  the  mayor  and  commissioners  of  health;  which  permission 
shall  not  be  granted,  except  as  prescribed  in  the  second  sec- 
tion of  this  act. 

Vessels  Loaded  with  Salt, 
§  5.  "  All  vessels  wholly  loaded  with  salt,  being  healthy 
and  from  healthy  ports,  may  be  permitted  to  discharge  their 
cargoes  at  any  wharf  to  be  designated  by  the  board  of  health, 
or  by  the  mayor  and  commissioners  of  health  ;  but  immedi- 
ately upon  being  discharged,  such  vessel  shall  be  subject  to 
all  the  restrict  ions  imposed  by  title  second,  chapter  fourteenth, 
part  first  of  the  Revised  Statutes;  and  all  the  provisions  of 
said  title  and  chapter  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed. 

ARTICLE  SECOND. 

Of  the  Duties  of  Pilots  in  relation  to  Vessels  subject  to 

Quarantine. 

§  14.  "  It  shall  be  the  duty  of  ea^h  branch  and  deputy 

pilot  belonging  to  the  port,  to  use  his  utmost  endeavors  to  hail 

every  vessel  which  he  shall  discover  to  be  entering  the  port, 

and  to  demand  of  the  master  of  every  such  vessel,  whether 

any  person  has  died  or  been  sick  on  board  during  the  passage, 

and  whether  any  pestilential  fever  existed  at  the  time  of  her 

sailing,  at  the  port  whence  she  sailed. 

Further  Duty. 

§  15.  "  If  any  of  the  above  questions  shall  be  answered  in 

the  affirmative,  the  pilot  shall  immediately  give  notice  to  the 

master  o(  the  vessel,  that  he,  his  vessel,  crew,  passengers  and 

cargo,  are  subject  to  the  examination  of  the  health  officer ;  and 


THE  LAW  OF  QUARANTINE.  59 

shall  direct  him  to  proceed  and  anchor  his  vessel  at  the  qua- 
rantine anchorage,  there  to  await  the  further  direclions  of  the 
health  officer. 

Bringing  Vessels  into  Port. 
§  16.  "  It  shall  be  the  duty  of  every  pilot  who  shall  conduct 
into  port  a  vessel  subject  to  quarantine, 

1.  To  bring  such  vessel  to  anchor  within  the  buoys  marking 
the  quarantine  anchorage. 

2.  To  prevent  any  vessel  or  boat  from  coming  along  side  of 
the  vessel  under  his  charge,  and  to  prevent  any  thing  on  board 
from  being  thrown  into  any  other  vessel  or  boat. 

3.  To  present  to  the  master  of  the  vessel  a  printed  copy  of 
this  chapter,  when  such  copy  shall  have  been  delivered  to 
him  for  that  purpose. 

4.  To  take  care  that  no  violations  of  this  chapter  be  com- 
mitted by  any  person  on  board,  and  to  report  such  as  may  be 
committed,  as  soon  as  may  be,  to  the  health  officer. 

ARTICLE  THIRD. 

Regulations  Concerning  the  Treatment^  Conduct  and  Duties  of 
Vessels,  Articles  and  Petsons  under  Quarantine. 
§  17.  "  It  shall  be  the  duty  of  the  health  officer,  to  enter 
on  board  of  every  vessel  subject  to  quarantine,  immediately  on 
her  arrival,  and  to  make  strict  search  and  inquiry  into  the 
health  of  the  officers,  crew  and  passengers,  and  into  the  state 
and  condition  of  the  vessel  and  her  cargo. 

His  Powers. 
§  18.  "In  the  discharge  of  this  duty,  he  may  put  all  such 
questions  to  the  persons  on  board,  as  he  shall  judge  necessary 
and  proper,  to  enable  him  to  kscertain  the  condition  of  the  ves- 
sel and  the  length  of  quarantine  to  which  she  ought  to  be  sub- 
ject; and  the  persons  to  whom  such  questions  may  be  put, 
shall,  if  required,  answer  the  same  under  oath,  which  the  health 
officer  is  authorized  to  administer. 

To  Report. 

§  19.  "  It  shall  be  the  duty  of  the  health  officer,  to  make 
to  the  board  of  health,  a  report  respecting  every  vessel  that  he 
shall  visit,  and  containing  all  such  information  as  may  enable 
the  board  to  determine  what  measures,  in  respect  to  such  ves- 
sel, ought  to  be  adopted. 

Purifying   Vessels,  S^c. 
§  23.  "  Every  vessel  subject  to  a  regular  quarantine  of  two 
days,  shall,  during  its  quarantine,  be  thoroughly  ventilated 


60  THE  LAW  OF  QUARANTINE. 

and  cleansed,  and  the  clothing  and  bedding  of  the  crew  and 
passengers,  be  well  washed  and  aired. 

Who  may  come  to  the  City. 

§  21.  "  Captains  and  passengers  arriving  from  healthy  ports, 
and  in  healthy  vessels  subject  to  a"  quarantine  of  two  days, 
may,  on  their  arrival,  be  permitted  to  come  into  the  city,  with- 
out any  baggage. 

Vessels  to  be   Unladen. 

§  22.  "  The  master,  owner,  or  consignee  of  every  vessel 
subject  to  a  regular  quarantine  of  thirty  days,  shall  forthwith, 
upon  the  requisition,  and  under  the  direction  of  the  health 
officer,  cause  such  vessel  to  be  unladen,  cleansed  and  purified. 

To  be  white-washed. 
§  23.  "  Every  vessel  mentioned  in  the  last  preceding  sec- 
tion, shall,  during  her  quarantine,  be  at  least  three  times  tho- 
roughly white-washed  in  every  part  of  the  inside,  except  such 
parts  as  have  been  painted  or  varnished,  which  shall  be  pu- 
rified as  the  health  officer  shall  direct ;  and  such  vessel  shall 
be  fumigated  with  mineral  acid  gas,  when  required  by  the 
health  officer.  There  shall  be  an  interval  of  at  l6ast  four  days 
between  each  white-washing,  and  when  the  weather  permits, 
wind-sails  shall  be  kept  in  each  hatchway  of  the  vessel. 

Vessel  when  to  be  released. 

§  24.  "  When  the  requisitions  of  the  preceding  section  shall 
have  been  complied  with,  and  the  regular  period  of  quarantine 
shall  have  expired,  if  the  health  officer  shall  judge  the  vessel 
clean  and  free  from  infection,  he  shall  make  a  full  report  of  all 
the  circumstances  affecting  the  health  of  the  vessel,  and  of  her 
actual  condition,  to  the  board  of  healih,  who  may  then  release 
the  vessel  from  quarantine. 

Cargo  to  be  landed^  S^c. 

§  25.  "  It  shall  be  the  duty  of  the  health  officer  to  cause  the 
cargo  of  every  such  vessel,  to  be  landed  at  the  quarantine 
ground,  or  at  some  other  suitable  place  out  of  the  city,  and 
there  to  be  properly  ventilated  and  cleansed,  for  at  least  twenty 
days. 

Certain  articles  excepted. 

§  26.  "  From  such  ventilation  and  cleansing,  alum,  chalk, 
coals,  distilled,  expressed  and  fermented  liquors,  drugs  and 
medicines,  dye-woods,  glass,  stone  and  earthen  ware,  fruit  in 
a  sound  state,  honey,  ivory,  lignum-vitae,  mahogany,  metallic 
substances,  marble,  oils,  paints,  resin,  salts,  spices,  syrups,  tar, 
turpentine,  turtle  shell,  wax,  and  such  other  articles  of  the 


THE  LAW  OF  QUARANTINE.  61 

cari^o  as  may  be  sufHiiently  purified  by  washing  with  water, 
or  are  not  liable  to  retain  infection,  shall  be  excepted,  if  the 
authority  to  make  such  exception,  shall  have  been  given  to 
the  health  officer,  bv  the  board  of  health,  or  the  mayor  and 
commissioners  of  health. 

Cargo  tchcii  admitted  to  the  Cily. 
§  27.  "  iVo  portion  of  such  cargo,  other  than  articles  ex- 
cepted under  the  precedini^j  section,  shall  be  conveyed  to  the 
city  without  the  permit  of  the  board  of  health,  which  shall 
not  bi  i^iven  until  the  health  olfi^er,  or  some  special  agent  ap- 
proved of  b/  the  board  of  health,  shall  have  reported  to  the 
board,  thit  such  cargo  has  been  properly  ventilated  and 
cleansed,  and  is  in  a  sound  condition,  and  free  from  infection 

Crew^  Passeugp.rs,  ^r.  when  admitted. 

§  2S.  "  None  of  the  officers,  passengers  or  crew  of  any 
such  vessel,  shall  proceed  to  or  enter  the  city,  until  fifteen 
days  after  the  sailing  of  the  vessel  from  her  foreign  port  of  de- 
parture, nor  until  fifteen  days  after  the  last  case  of  pestilential 
«i'  in  "eeiioas  fever  that  shall  have  occurred  on  board,  nor  until 
ten  days  after  landing  at  quarantine. 

[In  all  cases  arising  under  the  twenty-eighth  section  of  the 
article  hereby  amended,  it  shall  be  lawful  for  the  health  officer, 
in  his  discretion,  to  permit  any  healthy  person  arriving  from 
sp'a  ira  a  healthy  vessel,  and  who  may  not  have  been  exposed 
to  any  laft^ctious  or  contagious  disease  during  the  last  fifteen 
days  preceding  such  arrival  at  quarantine,  to  come  to  the  city 
of  New  York  without  baggage.] 

Certain  Articles  to  be  destroyed. 
§  29.  "  The  health  olficer,  if  he  shall  judge  it  necessary  to 
prevent  infection  or  contagion,   may  cause  any  bedding  or 
clothing  on  board  a  vessel  subject  to  quarantine,  or  any  por- 
tion of  her  cargo  that  he  may  deem  infected,  to  be  destroyed. 

West  India  Produce  to  be  landed. 
§  33.  "  Tf  there  shall  be  any  Wc-st  India  produce  or  mer- 
chandize, other  than  such  articles  as  are  enumerated  in  the 
twenty-sixth  section  of  this  Title,  or  that  may  be  excepted 
under  that  section,  on  board  of  any  coasting  vessel  subject  to 
quarantine,  it  shall  be  the  duty  of  the  health  officer,  (except 
in  the  cases  mentioned  in  the  next  succeeding  section,)  to  or- 
der such  produce  or  merchandize  to  be  landed  for  purification, 
at  the  quarantine  ground,  or  at  some  suitable  place  out  of  the 
city,  subject  to  his  orders  and  regulations,  or  if  not  landed  at 
the  quarantine  ground,  to  those  of  the  mayor  and  commis- 
sioners of  health. 

6 


0:«J  THE  LAW  OF  QUARANTINE. 

Except  in  certain  cases. 

§  31.  "  The  landing  of  such  produce  or  merchandize  from 
any  such  vessel,  shall  not  be  required,  if  the  master  shall  ex- 
hibit satisfactory  proof  that  it  is  free  from  damage,  and  has 
been  landed  in  the  United  States  or  some  British  port  of  North 
America,  more  than  twenty  days;  or  that  the  port  in  the 
West  Indies  where  it  was  shipped,  was  healthy  at  the  time  of 
such  shipment,  and  that  the  vessel  in  which  it  was  imported, 
was  also  healthy  from  the  time  of  her  departure  from  the 
United  States,  or  British  port  of  North  America,  until  her 
return. 

RagSf  Hides  and  Skins,  when  landed. 

§  32.  "  All  rags,  hides  and  skins,  arriving  in  vessels  subject 
to  the  examination  of  the  health  officer,  between  the  thirty- 
first  day  of  May  and  the  first  day  of  October  in  any  year,  shall 
be  discharged  at  the  quarantine  ground*  '  or  some  suitable  place 
to  be  designated  by  the  mayor  and  commissioners  of  health  ;' 
if  the  health  officer  on  examination,  shall  find  the  articles  so 
discharged  to  be  sound,  he  may  grant  a  permit  for  their  re- 
moval to  those  parts  of  the  city  where  their  entry  is  permitted, 
unless  they  shall  have  arrived  under  the  circumstances  men- 
tioned in  the  next  succeeding  section.  If,  in  his  opinion, 
such  removal  would  be  dangerous  to  the  public  health,  the 
health  officer  shall  detain  such  articles  until  they  shall  have 
been  cleansed  or  purified,  or  until,  in  his  judgment,  they  may 
be  removed  with  safety. 

Cotton,  and  other  Articles,  to  be  detained. 

§  33.  "  All  cotton,  all  the  articles  enumerated  in  the  last 
preceding  section,  and  all  other  articles  in  the  opinion  of  the 
health  officer  likely  to  imbibe  and  retain  infection,  shall  be  de- 
tained at  the  quarantine  ground,  or  at  some  other  suitable 
place  without  the  limits  of  the  city,  until  the  first  day  of  No- 
vember, if  they  shall  arrive  between  the  thirty-first  day  of 
May  and  the  first  day  of  November,  in  any  vessel  on  board  of 
which  any  person  is^  or  shall  have  been  sick,  of  any  pestilen- 
tial or  infectious  fever  during  the  time  the  cargo  was  on  board, 
or  which  shall  have  brought  such  articles  from  a  port,  where 
such  fever  existed  at  the  time  of,  or  shortly  previous  to  their 
shipment. 

When  to  be  shipped. 

§  34.  "If  in  their  opinion  it  shall  not  be  dangerous  to  the 
public  health,  the  health  officer,  the  board  of  health,  or  the 

*  These  words  were  added  by  act  12.  April  1842. 


THE  LAW  OF  QUARANTINE.  63 

mayor  and  commissioners  of  health,  may  permit  such  articles 
to  be  shipped  for  exportation  by  sea,  or  transportation  up  the 
North  or  East  river,  in  any  vessel  which  shall  not  approach, 
whilst  loading  or  when  loaded,  nearer  than  three  hundred  yards 
to  the  wharves  of  the  city  ;  and  if  any  vessel  so  loaded,  shall 
approach  nearer  to  the  city,  the  articles  so  loaded  may  be 
seized  and  sold  by  the  commissioners  of  health,  for  the  use  of 
the  marine  hospital. 

When  may  be  sent  to  the  City, 
§  35.  "  If  any  vessel  subject  to  quarantine  for  less  than  thirty 
days,  and  laden  in  whole  or  in  part  with  cotton  of  the  United 
States  or  their  territories,  shall  have  on  board  any  sick  person, 
the  character  of  whose  disease  cannot  be  immediately  ascer- 
tained, the  health  officer  may  detain  such  vessel  and  cargo  at 
quarantine,  for  a  term  not  exceeding  ten  days ;  and  if,  in  his 
opinion,  the  disease  of  such  sick  person  is  not  of  a  malignant 
or  pestilential  nature,  he  may  either  release  the  vessel  and 
cargo  from  quarantine,  or,  detaining  the  vessel,  may  permit  the 
cotton  to  be  sent  directly  to  the  city  of  New  York,  or  to  be 
put  on  board  of  any  vessel,  at  the  wharves  of  the  city,  for  ex- 
portation. 

Vessels  to  have  colors. 
§  36.  "  Every  vessel  subject  to  quarantine,  shall  be  desig- 
nated by  colors,  to  be  fixed  in  a  conspicuous  part  of  the  main 
shrouds  of  the  vessel,  and  to  remain  there  until  the  expiration 
of  her  quarantine. 

Boats  not  to  land^  5fc. 

§  37.  "  No  boat  from  any  outward  or  inward  bound  vessel, 
shall  land  at  the  quarantine  ground  after  sunset:  nor  shall 
boats  of  any  description,  at  any  time,  pass  through  the  range 
of  vessels  lying  at  quarantine,  without  the  permission  of  the 
health  officer. 

Lighters. 

§  38.  "  No  lighters  shall  be  employed  to  load  or  unload  ves- 
sels at  quarantine,  but  by  the  permission  of  the  health  officer, 
and  subject  to  such  restrictions  as  he  shall  impose. 

Vessels  not  to  approach  the  City. 
§  39.  "  No  vessel  subject  to  quarantine,  shall  approach  the 
city  of  New  York  beyond  the  place  assigned  for  quarantine, 
without  a  written  permit  from  the  health  officer  ;  nor  shall 
any  such  permit  be  granted  to  any  vessel  or  any  portion  of  her 
cargo,  until  the  requisitions  of  this  Chapter  in  relation  to  sucb 
vessel  or  cargo,  shall  have  been  complied  with. 

I; 


64  THE  LAW  OF  QUARANTINE. 

Certain  Bond  may  be  required. 
§  40.  "  The  health  officer,  whenever  he  shall  deem  it  expe- 
dient, may  require  any  person   placed  under  quarantine,  to 
execute  a  bond  with  such  surt^ties  as  he  shall  approve,  to  the 
commissioners  of  health,  and  their  successors  in  office. 

Its  Penalty  and  Condition. 

§  41.  "  The  penalty  of  such  bond  shall  not  be  less  than  five 
hundred,  nor  more  than  two  thousand  dollars,  and  its  condi- 
tion shall  be,  that  the  person  executing  it,  shall  not,  during  his 
period  of  quarantine,  approach  nearer  the  City  Hall  in  the 
city  of  New  York,  than  the  distance  of  three  miles,  except  m 
passing  the  city  by  water,  and  that  he  shall  not  go  into  any 
city  or  town  of  the  United  States,  in  violation  of  the  quaran- 
tine laws  thereof. 

When  Assigned, 

§  42.  "  If  the  person  executing  such  bond,  shall  break  its 
condition,  by  visiting  any  city  or  town  of  the  United  States, 
other  than  the  city  of  New  York,  the  board  of  health,  on  the 
application  of  the  proper  authority,  may  direct  such  an  assign- 
ment of  the  bond  to  be  made,  as  shall  enable  the  assignee  to 
prosecute  thereon,  and  to  apply  the  penalty  thereof,  when 
recovered,  to  such  uses  as  may  be  directed,  by  the  quarantine 
laws  of  the  state,  to  which  such  city  or  town  may  belong. 
Poor  Passengers. 

§  43.  "  All  passengers  placed  under  quarantine,  who  shall 
be  unable  to  maintain  themselves,  shall  be  provided  for  by  the 
master  of  the  vessel  in  which  they  shall  have  arrived. 

§  44.  "  If  the  master  shall  omit  to  provide  for  them,  they 
shall  be  maintained  on  shore,  and  the  expense  of  their  main- 
tenance be  charged  to  their  vessel  ;  nor  shall  such  vessel  be 
permitted  to  leave  the  quarantine,  until  the  moneys  so  ex- 
pended shall  have  been  repaid. 

SailorSy  lohnn  and  how  confined. 
§  45.  "  The  health  officer,  upon  the  application  of  the  mas- 
ter of  any  vessel  under  quarantine,  and  his  consenting  to  pay 
for  the  maintenance  of  the  offender  whilst  in  custody,  may  di- 
rect to  be  confined  in  some  suitable  place  on  shore,  any  mate, 
sailor,  or  mariner  on  board  of  such  vessel,  who  shall  have 
committed  an  offence,  punishable  by  the  laws  of  this  state  or 
of  the  United  States,  and  who  cannot  be  properly  secured 
for  punishment  on  board  of  his  vessel.  Such  confinement 
shall  continue  during  the  residue  of  the  quarantine  of  the  of- 
fender, or  until  he  shall  be  proceeded  against  in  due  course  of 
law ;  and  the  expenses  of  maintaining  the  offender,  shall  be 


TWE  LAW  OF  QUARANTINE.  65 

charged  and  paid   in  the  same  manner,  as  the  expenses  of 
maintaining  poor  passengers. 

Quarantine  of  certain  Vessels. 
§  46.  "  All  vessels  and  persons  remaining  at  quarantine  on 
the  first  day  of  October,  shall  thereafter  be  subject  to  such 
quarntine  and  restrictions,  as  vessels  or  persons  arriving  on  or 
after  that  day. 

ARTICLE  FOURTH. 

Regulations  Concerning  the  Treatment  and  Conduct  of  Vesselsy 
Articles  and  Persons  released  from  Quarantine,  or  exempt 
therefrom. 

§  47.  "  The  master  of  every  vessel  released  from  quaran* 
tine,  and  arriving  at  the  city  of  New  York,  shall,  within  twen- 
ty-four hours,  after  such  arrival,  deliver  the  permit  of  the 
health  officer,  at  the  office  of  the  mayor  and  commissioners  of 
health,  or  to  such  person  as  they  shall  direct. 

Certain  Vessels  restricted  to  certain  Bounds. 

§  4*5.  "  No  vessel  subject  to  a  regular  quarantine  of  two- 
days,  unless  she  shall  have  sailed  from  some  port  in  the  West 
Iiadies,  or  in  America  south  of  Louisiana  and  north  of  the  equa- 
tor, before  the  sixteenth  day  of  May ;  or  from  some  port  in 
the  United  States  south  of  Georgia,  before  the  first  day  of 
June  in  the  year  of  her  arrival,  shall,  when  released  from 
quarantine,  approach  within  three  hundred  yards  of  that  part 
of  the  island  of  New  York  which  lies  southward  of  Bank 
street  on  the  North  River,  and  of  Eighth  street  on  the  East 
River,  until  after  the  first  day  of  October,  in  the  year  of  her 
arrival;  unless  by  virtue  of  a  special  permission  to  be  granted 
under  the  circumstances  mentioned  in  the  three  next  following 
sections. 

When  Excepted'. 

§  49.  *'  If  any  such  vessel  shall  have  arrived  from  any  place 
in  the  Mediterranean,  in  Asia,  in  America  south  of  the  equa- 
tor, or  from  the  Madeira,  Canary,  Cape  de  Verd,  Western, 
Bermuda  or  Bahama  islands,  the  mayor  and  commissioners  of 
health,  may,  by  a  special  permission  in  writing,  direct  her  to 
be  hiiuled  to  a  wharf  south  of  the  bounds  so  prescribed  ;  and 
in  their  discretion  may  first  order  her  cargo,  or  any  portion 
thereof  to  be  unloaded,  subject  to  their  orders  and  regulations, 

Inspector''s  Duty, 
§  59.  "  Where  such  order  for  unloading  the  cargo,  shall 
have    been  made,  the  inspector  of  vessels,  after  such  vessel 
shall  have  been,  unloaded,  shall  see  that  the  vessel  and  ballast 

6f 


66  THE  LAW  OF  QUARANTINE. 

are  properly  cleansed,  and  when  the  same  are  duly  cleansed 
and  purified,  shall  make  his  report  to  the  mayor  and  commis- 
sioners of  health. 

Vessel  to  be  located. 
§  51.  "  The  mayor  and  commissioners  of  health  may  then 
direct  the  vessel  to  such  wharf  as  they  may  deem  proper  ;  and 
no  vessel  being  at  a  wharf  pursuant  to  such  direction,  shall, 
without  their  permission  in  writing,  depart  iheuce,  or  change 
their  berth,  until  the  first  day  of  the  ensuing  October. 

Certain  Cargoes  may  he  landed. 
§  52.  "  If  any  coasting  vessel  subject  to  a  regular  quaran- 
tine of  two  days,  shall  be  wholly  laden  with  lumber  or  tim- 
ber, the  mayor  and  commissioners  of  health  may  permit  her 
cargo  to  be  discharged  at  any  wharf  they  shall  designate  ;  but 
after  such  discharge,  such  vessel  shall  be  subject  to  all  re- 
strictions in  the  preceding  sections  in  this  Article  contained. 

Certain  Vessels  may  come  to  the  Wharves. 

§  53.  *'  Any  vessel  which  has  been  regularly  employed  in 
trading  to  one  port  or  island  in  the  West  Indies,  or  America 
south  of  Georgia  and  north  of  the  equator,  for  the  period  ©f 
twelve  months,  immediately  preceding  her  arrival  at  the  port 
of  New  York,  and  the  port  or  island  being  free  from  any  yel- 
low, bilious,  malignant  or  any  pestilential  or  infectious  fever, 
as  well  as  the  crew  and  passengers,  and  having  performed  her 
regular  quarantine  of  two  days,  and  been  properly  ventilated, 
and  permitted  by  the  health  officer  to  proceed  to  the  stream, 
three  hundred  yards  from  the  city,  may  be  permitted  by  the 
mayor  and  commissioners  of  health,  to  come  to  the  wharf  with 
her  cargo  on  board,  on  and  after  the  first  day  of  October,  pro- 
vided the  cargo,  in  their  opinion,  is  of  a  harmless  character. 

§  54.  "  Any  new  vessel,  or  any  other  vessel  not  employed 
be  ore  in  the  West  India,  or  Southern  trade,  south  of  Georgia, 
shall  be  subject  to  the  same  regulations  as  mentioned  in  the 
last  preceding  section,  if  employed  in  such  regular  trade,  al- 
though she  may  be  so  employed  for  a  less  period  than  one 
year,  provided  she  is  in  all  other  respects  similarly  circum- 
stanced. 

§  55.  "  All  vessels  from  the  West  India  islands,  and  Ame- 
rica south  of  Georgia  and  north  of  the  equator,  being  healthy  and 
from  healthy  parts,  after  performing  two  days  quarantine,  and 
being  properly  ventilated,  and  being  permitted  by  the  health 
officer  to  come  to  the  stream,  three  hundred  yards  from  the  city, 
may,  after  their  cargo  shall  have  been  discharged,  and  the  vessel 
well;  cleaned  and  purified,  be  pesmitted  by  the  mayor  a^ad  com- 


THE  LAW  OF  QUARANTINE.  67 

missioners  of  health,  to  come  to  such  wharf  as  they  may  de- 
signate, 10  rt^ceive  their  outward  cargoes,  a*  any  time  after 
the  fiist  of  October. 

Cargoes  of  certain  Vessels  not  to  be  brought  into  the  City 
without  Permit. 

§  56.  "  If  any  vessel  subject  to  a  regular  quarantine  of  two 
days,  shall  have  arrived  from  any  place  in  the  West  Indies,  or 
in  America  south  of  Georgia  and  north  of  the  equator,  or  from 
any  place  on  the  continent,  or  the  islands  near  the  continent 
of  Africa;  or  shall  have  been  at  any  of  the  places  so  enume- 
rated after  the  fifteenth  day  of  May,  in  the  year  of  her  ar- 
rival, no  portion  of  her  cargo  shall  be  brought  into  the  city, 
before  the  first  day  of  October,  in  the  year  of  her  arrival,  un- 
til it  shall  have  been  inspected  by  an  inspector  of  vessels,  un- 
less by  a  special  permission  in  writing,  of  the  mayor  and  com- 
missioners of  health. 

Permit  when  granted. 
§  57.  "  When  such  inspector  shall  have  made  his  report  to 
the  mayor  and  commissioners  of  health,  they  may  direct  such 
cargo,  or  any  part  thereof,  to  be  brought  into  the  city,  subject 
to  such  regulations  as  they  shall  prescribe,  or  may  order  it  to 
be  landed  at  some  suitable  place  out  of  the  city,  there  to  be 
detained  at  least  twenty  days  and  properly  ventilated,  and  then 
to  be  brought  into  the  city,  subject  to  their  regulations. 

Certain  Vessels  not  to  approach  the  City. 

§  5S.  "  No  vessel  subject  to  a  regular  quarantine  of  thirty 

days,  when  permitted  to  proceed,  shall  approach  within  three 

hundred  yards  of  the  city  of  New  York,  between  the  first  day 

of  June  and  the  first  day  of  October,  in  the  year  of  her  arrival. 

Cargo  not  to  be  brought  to  the  City. 

§  59.  "  No  cargo  or  part  of  the  cargo  of  any  vessel,  on  board 
of  which  during  her  voyage,  a  case  of  any  pestilential  fever 
shall  have  occurred,  shall  be  brought  into  the  city  of  New 
York  between  the  first  day  of  June  and  the  first  day  of  No- 
vember, except  by  the  permission  in  writing  of  the  board  of 
health. 

Certain   Vessels  not  to  approach  the  City. 

§  60.  "  No  vessel  arriving  from  any  place  in  the  United 
States  north  of  Cape  Henlopen,  or  in  British  North  America, 
between  the  thirty-first  day  of  May  and  the  first  day  of  Octo- 
ber in  any  year,  having  on  board  VVest  India  produce,  or  mer- 
chandize, shall  approach  within  three  hundred  yards  of  the 
island  of  New  York,  southward  of  the  bounds  before  in  this 
article  prescribed,  until  permitted  by  the  mayor  and  commis^ 
sioners  of  heaUh.,  or  health  office^^ 


68  THE  LAW  OF  QUARANTINE. 

When  may  be  permitted. 
§  61.  "If  the  master  of  any  such  vessel  shall  exhibit  to  the 
mayor  and  commissioners  of  health,  such  satisfactory  proof  as 
is  required  in  the  thirty- first  section  of  this  title,  they  may 
permit  the  vessel  to  be  hauled  to  any  wharf  of  the  city,  and 
such  produce  or  merchandize  may  be  there  landed ;  otherwise 
it  shall  be  sent  to  some  suitable  place  out  of  the  city,  for  pu- 
rification, subject  to  their  regulations. 

Crews  &^c.  not  to  enter  the  City. 
§  62.  "  No  person  who  shall  have  been  one  of  the  crew,  or 
a  passenger  in  any  vessel,  at  whatever  place  arriving,  on  board 
of  which  any  person  shall  have  been  sick  of  any  pestilential 
fever,  shall  enter  the  city  of  New  York  until  fifteen  days  after 
the  last  case  of  such  fever  that  shall  have  occurred  on  board 
of  such  vessel. 

Clothing,  8^c.  not  to  be  brought  info  City. 
§  63.  "No  person  shall  bring  into  the  city  of  New  York 
any  clothing,  bedding  or  merchandize  that  shall  have  been  on 
board  of  any  such  vessel  as  is  referred  to  in  the  last  preceding 
section,  until  such  article  shall  have  been  cleansed  and  purified, 
and  all  such  articles  brought  into  the  city  contrary  to  this 
section,  may  be  seized  and  sold  by  the  commissioners  of 
health,  for  the  use  of  the  marine  hospital. 

Certain  Vessels  may  come  up  to  City. 

§  64.  "  x\ll  vessels  from  any  place  in  America  south  of 
Cape  Henlopen,  and  north  of  the  equator,  or  from  either  of 
the  West  India,  Bahama,  or  Bermuda  Islands,  leaving  such 
places  at  any  time  before  the  first  day  of  July  in  any  year,  and 
proceeding  from  thence  to  a  healthy  port  in  Europe,  and  hav- 
ing no  case  of  yellow,  pestilential  or  infectious  fever  on  board 
during  the  voyage,  shall  be  allowed  immediately  on  her  return 
to  New  York,  to  come  to  such  wharf  of  said  city  as  the  board 
of  health  may  designate,  after  such  vessel  has  been  subjected 
to  such  quarantine  and  cleansing  process  as  the  board  of  health 
may  be  of  opinion  the  health  of  the  city  requires. 

§  65.  "  All  vessels  arriving  coastwise  at  the  port  of  New 
York,  after  the  first  day  of  September  in  any  year,  from  any 
port  or  ports  in  the  United  States  or  British  North  America 
north  of  Cape  Henlopen,  and  shall  have  remained  in  such  port 
or  ports  for  thirty  days,  and  which  vessel  shall  not  have  been 
in  any  place  in  America  south  of  Cape  Henlopen,  or  in  the 
West  India,  Bahama  or  Bermuda  Islands,  since  the  first  day 
of  July  previous,  and  having  had  no  case  on  board  of  yellow,, 
pestilential  or  infectious  fever  or  disease,  since  said  first  day. 


THE  LAW  or  QUARANTINE.  09 

of  July,  shall  be  allowed  to  come  to  the  wharf  in  the  city  of 
r<ew  York,  if  the  board  of  health  consent  thereto,  after  having 
been  examined,  pronounced  healthy  and  permitted  by  said 
board. 

Not  to  affect  other  Vessels. 

§  66.  "  All  such  vessels  as  are  now  exempt  from  quarantine 
under  the  fourteenth  Chapter  of  the   Revised  Statutes,  shall 
not  be  affected  by  the  provisions  of  this  act. 
AKTICLE  FIFTH. 
Of  the  Regulation  of  Intercourse  with  Infected  Places. 

§  67.  [Sec.  64.]  "  The  mayor  of  the  city  of  New  York, 
or  the  president,  at  the  time,  of  the  board  of  health,  may 
issue  his  proclamation,  declaring  any  place  where  there  shall  be 
reason  to  believe  a  pestilential  or  infectious  fevei  actually  ex- 
ists, to  be  an  infected  place  within  the  meaning  of  the  health 
laws  of  this  state. 

Proclamation  of  Infected  Places. 

§  68.  "  [Sec.  65  ]  Such  proclamation  shall  fix  the  period 
when  it  shall  cease  to  have  effect;  but  such  period,  if  they 
shall  judge  the  public  health  to  require  it,  may  from  time  to 
time  be  extended  by  the  board  of  health,  and  notice  of  such 
extension  shall  be  published  in  one  or  more  of  the  newspapers 
of  the  city. 

Consequence  of 

§  69.  [Sec.  66.]  "  After  such  proclamation  shall  have  been 
issued,  all  vessels  arriving  in  the  port  of  New  York  from  such 
infected  place,  shall  be  subject  to  a  ({uarantine  of  at  least 
thirty  days,  and,  together  with  their  officers,  crews,  passen- 
gers and  cargoes,  to  all  the  provisions,  regulations  and  penal- 
ties ot  this  Chapter,  in  relation  to  vessels  subject  to  a  similar 
quarantine. 

Powers  of  Board  of  Health. 

§  70.  [Sec.  67.]  The  board  of  health  may,  in  their  discre- 
tion, prohibit  or  regulate  the  internal  intercourse  by  land  or 
water,  between  the  city  of  New  York  and  such  infected 
place  ;  and  may  direct  that  all  persons  who  shall  come  into 
the  city  of  New  York  contrary  to  their  prohibitions  or  regu- 
lations, shall  be  apprehended  and  conveyed  to  the  vessel  or 
place  whence  they  last  came  ;  or  if  sick,  that  they  be  con- 
veyed to  the  marine  hospital,  or  such  other  place  as  the  board 
of  health  shall  direct. 

AKTICLE  SIXTH. 
Penalties  for  violating  the  Provisions  of  this  Title. 

§  71.  [Sec.  68.]  "Every  master  of  a  vessel  subject  to  quar- 


70  THE  LAW  OF  QUARANTINE. 

antine,  arriving  in  the  port  of  New  York,  who  shall  refuse  or 
neglect  either, 

1.  "To  proceed  with  and  anchor  his  vessel  at  the  place 
assigned  for  quarantine,  at  the  tinie  of  his  arrival : 

2.  "  To  subnnit  his  vessel,  cargo  and  passengers,  to  the  ex- 
anriination  of  the  health  officer,  and  to  furnish  all  necessary- 
information  to  enable  that  officer  to  determine  to  what  length 
of  quarantine  and  other  regulations  they  ought  respectively  to 
be  subject : 

3.  "  To  remain  with  his  vessel  at  quarantine  during  the 
period  assigned  for  her  quarantine  ;  and  whilst  at  quarantine 
to  comply  with  the  directions  and  regulations  of  this  chapter, 
and  with  such  as  any  of  the  officers  of  health,  by  virtue  of  the 
authority  given  to  them  in  this  chapter,  shall  prescribe  in  rela- 
tion to  his  vessel,  his  cargo,  himself  or  his  crew : 

"  Shall  be  considered  guilty  of  a  misdemeanor,  punishable 
by  fine  or  imprisonment ;  the  fine  for  each  offence  not  to  ex- 
ceed two  thousand  dollars,  nor  the  imprisonment  twelve 
months. 

§  72.  [Sec.  69.]  "  Every  such  master  who  shall  violate  the 
provisions  of  the  thirty-ninth  and  forty-seventh  sections  of 
this  title,  by  refusing  or  neglecting  to  comply  with  any  of  the 
directions  in  those  sections  respectively  contained,  shall  be 
considered  guilty  of  the  like  offence,  and  be  subject  for  each 
offence  to  the  like  punishment. 

§  73.  [Sec.  70.]  "  Every  master  of  a  vessel  who  shall  vio- 
late the  provisions  of  the  thirtieth,  thirty-first,  sixtieth,  and 
sixty-first  sections  of  this  title,  by  refusing  or  neglecting  to 
comply  with  the  directions  therein  contained,  or  with  the 
orders  and  regulations  of  the  mayor  and  commissioners  of 
health  by  virtue  of  the  authority  therein  given,  shall  be  con- 
sidered guilty  of  the  like  offence ;  the  fine  not  to  exceed  five 
hundred  dollars,  nor  the  imprisonment  six  months. 

§  74.  [Sec.  71.]  "  Every  master  of  a  vessel  hailed  by  pilot, 
who  shall  either, 

1 .  Give  false  information  to  such  pilot  relative  to  the  con- 
dition of  his  vessel,  crew,  passengers  or  cargo,  or  the  health  of 
the  place  or  places  whence  he  came,  or  refuse  to  give  such  in- 
formation as  shall  be  lawfully  required  : 

2.  Or  land  any  person  from  his  vessel,  or  unlade  or  transship 
any  portion  of  his  cargo  before  his  vessel  shall  have  been  visited 
and  examined  by  the  health  officer: 

3.  Or  shall  approach  with  his  vessel  nearer  the  city  of  New 
York  than  the  place  of  quarantine  to  which  he  shall  be  di- 
rected : 

"  Shall  be  considered  guilty  oi  the  like  offence,  and  for  each 


THE  LAW  OF  QUARANTINE.  71 

offence  shall  be  fined  in  a  sum  not  exceeding  five  hundred  dol- 
lars. And  every  person  who  shall  land  from  any  such  vessel, 
or  unlade  or  transship  any  portion  of  her  cargo,  under  the  like 
circumstances,  shall  be  considered  guilty  of  the  like  offence, 
and  be  subject  to  the  like  penalty. 

Penalties  for  Violating  certain  Provisions- 

§  75.  [Sec  72.]  '*  Every  person  upon  whom  any  duty  is  or 
shall  be  enjoined,  or  prohibition  laid  under  the  following  sec- 
tions, namely,  the  fourth,  sixth,  eighth,  ninth,  tenth,  eleventh, 
twentieth,  twenty-first,  twenty-second,  twenty-third,  twenty- 
fourth,  twenty-fifth,  twenty-seventh,  twenty-eighth,  forty- 
eighth,  forty-ninth,  fiftieth,  fifty -first,  fifty-second,  fifty -third, 
fifty-fourth,  fifty-fifth,  fifty-sixth,  fifty-seventh,  fifty-eighth, 
and  fifty-ninth  sections  of  this  title,  who  shall  violate  any  pro- 
visions in  the  sections  so  enumerated,  by  refusing  or  neglect- 
ing to  obey  the  directions,  regulations  or  prohibitions  therein 
contained,  or  such  orders  and  regulations  as  shall  be  made  by 
the  officers  of  health  therein  named  under  the  authority  there 
given,  shall  be  considered  guilty  of  the  like  offence,  and  for 
each  offence  be  fined  in  a  sum  not  exceeding  two  thousand 
dollars,  or  imprisoned  for  a  term  not  exceeding  twelve  months. 
Obstructing  Health  Officer. 

§  76  [Sec.  73.]  "  Every  person  who  shall  oppose  or  ob- 
struct the  health  officer  in  performing  the  duties  required  of 
him  in  this  Title,  shall  be  considered  guilty  of  the  like  of- 
fence ;  the  fine  for  each  offence  not  to  exceed  five  hundred 
dollars,  nor  the  imprisonment  three  months. 
Entering  Quarantine  Ground. 

§  77.  [Sec.  74.]  "  Every  person  who,  without  the  autho- 
rity of  the  health  officer  or  board  of  health,  shall  go  within  the 
enclosure  of  the  quarantine  ground,  shall  be  considered  guilty 
of  the  like  offence  ;  the  fine  for  each  offence  not  to  exceed 
one  hundred  dollars,  nor  the  imprisonment  thirty  days. 
Violating  §  37. 

§  78.   [Sec.  75  |  "  Every  person  who  shall  violate  the  pro- 
hibition of  the  thirty-seventh  section  of  this  Title,  shall  be 
considered  guilty  of  the  like  offence,  and  be  fined  for  each  of- 
fence in  a  sum  not  exceeding  fifty  dollars. 
Intercom  se  with  Vessels. 

§  79.  [Sec  76.]  "  Every  person  who  shall  go  on  board  of, 
or  have  any  communication,  intercourse  or  dealing  with  any 
vessel  at  quarantine,  without  the  permission  of  the  health  of- 
ficer, shall  be  considered  guilty  of  a  misdemeanor,  punishable 
by  fine  or  imprisonment. 


72  THE  LAW  OF  QUARANTINE. 

When  Offenders  Detained. 
§  80.    [Spc.  77.]   "  Such  offender  shall  also  he  detained  at 
quarantine  so  long  as  the  board  of  health  shall  direct,  not  to 
exceed  twenty  days,  unless  he  shall  be  taken  sick  of  some 
pestilential  or  infectious  disease. 

Notice  of  Offences. 
§  91.  [Sec.  78.]  "  It  shall  be  the  duty  of  the  health  officer 
to  give  immediate  information  to  the  board  of  health,  of  every 
such  transgression,  the  circumstances  attending  it,  and  the 
condition  of  the  vessel  with  which  a  communication  shall  have 
been  had,  that  the  board  may  determine  how  long  the  offender 
ought  to  be  detained  at  quarantine. 

Violatimj  §  -36. 

§  82.  [Sec.  79-]  "  Every  master  of  a  vessel  who  shall  not 
comply  with  the  directions  of  the  thirty-sixth  section  of  this 
Title,  shall  forfeit  for  each  offence  thf^  sum  of  fifty  dollars,  and 
the  further  sum  of  three  dollars  for  every  hour  he  shall  so 
offend. 

Do.  §  62  and  63. 

§  83.' [Sec.  80.]  "Every  person  who  shall  violate  the 
prohibitions  of  the  sixty-second  and  sixty-third  sections  of 
this  Title,  shall  for  each  offence  forfeit  the  sum  of  five  hun- 
dred dollars. 

Eloping  from  Quaranline. 

§84.  [Sec.  81.]  "  Every  person  under  quarantine,  shall 
be  subject  to  the  same  penalty,  who  shall  elope  from  or  go  be- 
yond the  bounds  a.«?signed  to  him  for  his  quarantine;  and  it 
shall  be  the  duty  of  every  justice  of  the  peace  or  other  magis- 
trate before  whom  any  such  offender  shall  be  brought,  to  order 
him  by  warrant  to  be  re-conveyed  to  the  quarantine  ground, 
there  to  remain  for  the  residue  of  his  teim  of  quarantine. 

Penalties  on  Pilots. 
§  85.  [Sec.  82.]  "  Every  pilot  who  shall  refuse  or  ne2;lect 
to  perform  the  duties  enjoined  on  him  in  any  of  the  provisions 
contained  in  the  second  Article  of  this  Title,  shall  be  con- 
sidered guilty  of  a  misdemeanor,  and  shalJ  be  fined  for  each 
offence  in  a  sum  not  exceeding  two  hundred  dollars. 

Proceedings  cgiinst  Pilots. 
§  86.  [Sec.  83.]  "  Whenever  the  commissioners  of  health, 
or  either  of  them,  shall  charge  in  writing  any  pilot  with  any 
violation  or  neglect  of  duty,  the  warden  of  the  port  shall  sus- 
pend such  pilot  from  his  oflice,  until  he  shall  have  entered 
into  a  recognizance  before  some  magistrate  in  the  city  of  JNew 


PENALTIES.  73 

York,  in  the  sum  of  two  hundred  dollars,  and  with  sufficient 
sureties,  to  appear  and  answer  to  the  offence  charged,  at  the 
next  court  of  general  sessions  for  the  city  and  county  of  ^ew 
York. 

Violations  of  Article  5. 
§  87.  [Sec.  84.]  *'  Every  person  who  shall  violate  the  pro- 
visions of  the  fifih  article  of  this  title,  by  refusing  or  neglecting 
to  obey  or  comply  wilh  any  order,  prohibition  or  regulation 
made  by  the  board  of  health  in  the  exercise  of  the  powers 
therein  conferred,  shall  be  considered  guilty  of  a  misdemeanor, 
punishable  by  fine  or  imprisonment,  in  the  discretion  of  the 
court  by  which  the  offender  shall  be  tried. 


CHAPTER  XIV. 
INSPECTION  OF  FLOUR,  &c. 

By  the  1st  volume  of  the  Revised  Statutes,  page  531,  every 
barrel  of  wheat  flour,  rye  flour,  Indian  meal,  or  buckwheat 
meal,  manufactured  in  this  state,  must  be  inspected  and 
branded  with  certain  letters  expressive  of  its  quality. 

Two  sections  of  this  statute  apply  to  shipmasters,  and  are  as 
follows : 

Penalty  for  shipping  flour  or  weal  not  Inspected. 

§  14.  "  Every  person  who  shall  ship,  or  attempt  to  ship, 
for  exportation  from  this  state,  any  flour  or  meal  not  inspected 
and  branded  according  to  the  provisions  of  this  article,  shall 
forfeit  the  same ;  and  every  person  who  shall  have  exported 
from  this  state,  any  such  flour  or  meal,  shall  forfeit  the  sum  of 
five  dollars  for  every  cask  so  exported- 

Power  and  duties  of  Inspector. 
§  15.  "  Every  inspector  shall  have  power  to  enter  onboard 
of  any  vessel  between  sunrise  and  sunset,  to  search  for  flour 
or  meal  that  he  may  suspect  to  have  been  shipped  contrary  to 
the  provisions  of  this  article  ;  and  every  person  who  shall  ob- 
struct any  inspector  in  the  execution  of  his  duty,  shall  be 
deemed  guilty  of  a  misdemeanor,  punishable  by  fine  or  im- 
prisonment, or  both,  in  the  discretion  of  the  court  by  which  he 
shall  be  tried.^' 

INSPECTION  OF  BEEF  AND  PORK. 

The  34th  section  of  this  statute  is  in  these  words  : 

7 


74  PENALTIES. 

h 

Penalty. 

§  34.  [Sec.  33.]  '*  Every  person  who  shall  ship,  or  attempt 

to  ship  any  beef  or  pork  contrary  to  the  provisions  uf  ihe  two 

last  sections,  shall  forfeit  the  sum  of  fifteen  dollars  for  every 

barrel  and  hah-bairel  so  shipped  or  attempted  to  be  shipped.'* 

POT  AND  PEAKL  ASHi:S. 
Powers  and  duties  of  Inspector. 
§  74.  [Sec.  72.]  *■'•  Every  inspector  of  pot  and  pearl  ashes 
shall  have  full  power,  and  it  shall  be  his  duty,  to  enter  on 
board  of  any  ship  or  vessel,  within  ihe  limits  of  the  city  or 
county,  for  which  he  is  appointed,  which  he  shall  suspect  to 
have  on  board  any  ashes  shipped  for  exportation  contrary  to 
law,  and  to  search  for,  and  if  discovered,  to  seize  and  take  into 
his  possession,  all  casks  of  ashes  so  illegally  shipped. 

Penalty  on  master  and  owner  of  Vessel. 
§  77.  [Sec.  75.]  "  Every  owner,  consignee,  and  master  of 
a  vessel,  who  shall  receive  on  boaid  of  his  vessel  lor  exporta- 
tion, contrary  to  law,  any  cask  of  ashes  not  inspected  and 
branded  according  to  the  provisions  of  this  article,  shall  forfeit 
the  sum  of  fifteen  dollars  for  every  cask  so  illegally  shipped." 

FISH. 
§  98.  [Sec.  101.]  "  Every  person  who,  contrary  to  the  pro- 
visions of  this  article,  shall  export  to  any  foreign  port,  or  offer 
to  sell  for  such  exportation,  any  fish  not  duly  inspected,  shall 
forfeit  a  sum  equal  to  the  full  value  of  the  fish  so  exported  or 
offered  for  sale." 

FISH  OR  LIVER  OIL. 
Liver  Oil  to  he  Inspected. 
§  103.  [Sec.  105.]  "  No  liver  oil,  commonly  called  fi>h  oil, 
shall  be  bought,  sold,  or  bartered  in,  or  in  any  manner  shipped, 
exported  or  conveyed  fiom  the  cities  of  ^»ew  York,  Albany 
and  Troy,  and  the  villages  of  Brooklyn,  Lansingburgh  and 
Waterford,  unless  it  shall  have  been  mspected,  gauged  and 
branded,  agreeably  to  the  provisions  of  this  article." 

By  the  106th  section,  any  person  who  shall  conrry  unin- 
spected liver  oil,  shall  pay  a  penalty  of  twenty-five  dollars  for 
each  offence. 

INSPECTION   OF   LUMBER. 

Timber^  p  'ank,  &^c.  to  be  inspected. 
§  114.  [Sec.  112.]  **  No  timber,  plank,  boards,  scantling  or 
cypress  shingles,  shall  be  exported  by  sea  from  this  state,  to 


PENALTIES 


75 


any  port  out  of  the  territorial  limits  of  the  United  States,  that 
shall  not  hav^  bet-n  duy  inspected  by  an  inspector  of  lumber, 
according  to  the  provisions  of  this  article. 

Penally  for  shipping  uninspected  Lumber. 
§  118.  [Sec.  116.]  "  Every  person  who  shall  ship  onboard 
of  any  vessel,  for  exportation  to  any  foreign  port,  contrary  to 
the  provisions  of  this  article,  any  lumber  that  has  not  been 
inspected  by  an  inspector,  shall  forfeit  for  every  thousand  feet, 
superficial  measure,  so  shipped,  the  sum  of  two  dollars  and 
fifty  cents" 

CULLING  OF  STAVES  &  HEADING. 
Staves  and  heading  to  be  inspected. 
§  131.  [Sec.  128.]  "  No  staves  or  heading  shall  be  exported 
by  sea  from  this  state,  to  aoy  port  out  of  the  territojrial  limits 
of  the  United  States,  unless  they  shall  be  inspected  and  culled 
in  the  manner  hereinatter  provided,  and  on  such  inspection 
«hall  be  declared  merchantable. 

Penalty  on  shipper.  \^f^. 

§  143.  [Sec.  140  ]  "  Every  person  who  shall  ship  for  ex- 
portation, contrary  to  the  provisions  of  this  article,  any  staves 
or  heading,  shall  forfeit  five  dollars  for  every  thousand  of  such 
staves  and  heading  so  illegally  shipped  ;  aB«l  every  master  of 
a  vessel  shall  forfeit  two  dollars  and  fifty  cents  lor  every  thou- 
sand of  staves  and  heading  that  he  shall  take  on  board  his 
ves.sel,  to  be  exported  contrary  to  law." 

INSPECTION  OF  FLAX-SEED. 

§  147.  [Sec.  144.]  "  No  flax-seed  shall  be  shipped  for  ex- 
portation to  any  foreign  market,  from  ihie  city  and  county  of 
Mew  York,  unless  it  shall  have  been  inspected,  approved  and 
branded,  according  to  the  provisions  of  this  article. 

§  152.  [Sec.  149.]  "  Every  person  who  shall  lade,  or  at- 
tempt to  lade,  any  vessel  with  flax-seed  not  inspected  accord- 
ing to  law,  for  the  purpose  of  exporting  the  same  from  the 
city  of  New  York,  to  any  fonign  place,  shall  forleit  for  every 
such  cask,  the  sum  of  te®  dollars." 

INSPECTION  OF  HOPS. 

§  164.  [Sec.  160.]  "  No  hop«  shall  be  exported  from  this 
state,  until  they  shall  have  been  submitted  to  the  examination 
of  an  inspector  <^  hops,  and  have  been  inspected  by  him, 
agreeably  to  the  provisions  of  this  article.  All  hops  shipped 
for  exportation^  €ontrary  to  the  provisions  of  this  section,  shall 
be  forfeited.'* 


76  STEAMBOATS- 

By  the  sixth  subdivision  of  168th  section  the  inspector  is 
empowered  to, 

6.  "  Enter  on  board  of  every  vessel  within  the  hmits  of  the 
city  and  county  where  he  is  authorized  to  inspect,  to  search 
for  hops  shipped  or  shipping  contrary  to  the  provisions  of  this 
article,  and  to  seize  and  lake  into  his  possession  all  such  hops 
discovered  by  him." 

§  171.  [Sec.  167.]  "  Every  master  of  a  vessel  who  shall 
receive  on  board  for  exportation,  any  bags  of  hops,  not  in- 
spected according  to  the  provisions  of  this  article,  shall  forfeit 
the  sum  of  ten  dollars  for  every  bag  so  received  by  him." 


CHAPTER  XV. 

STEAMBOATS. 

NAVIGATION    OF    RIVERS. 

Sleamboats  to  pass  on  stctrboard  side  of  each  other. 

§  1.  "  Whenever  any  steam  boats  shall  meet  each  other  on 
the  waters  of  the  Hudson  river,  or  on  any  other  waters  within 
the  jurisdiction  of  this  state,  each  boat  so  meeting  shall  go 
towards  that  side  of  the  river  or  lake  which  is  to  the  starboard 
or  right  side  of  such  boat,  so  as  to  enable  the  boats  so  meeting 
to  pass  each  other  with  safety. 
SmaU  boats  to  be  disengaged  before  passengers  put  on  board 
of  them. 

§  2.  "  Whenever  any  passenger  is  about  to  be  landed  from 
any  steam  boat  navigating  the  waters  of  this  state,  and  such 
steam  boat  shall  not  be  so  near  the  shore,  that  the  passenger 
can  be  landed  immediately  from  the  steam  boat  on  the  shore, 
no  passenger  shall  be  put  or  suffered  to  go  into  any  small  boat, 
for  the  purpose  of  being  landed,  until  such  small  boat  shall  be 
completely  afloat,  and  wholly  disengaged  from  the  steam  boat^ 
except  by  a  painter. 

When  Engine  to  be  stopped, 

§  3.  "  While  any  passenger  is  getting  into  a  small  boat, 
from  a  steam  boat,  for  the  purpose  ot  being  landed,  the  engine 
of  the  steam  boat  shall  be  stopped,  and  when  any  passenger 
is  taken  on  board  of  any  small  boat  belonging  to  any  steam 
boat,  the  engine  of  such  steam  boat  shall  be  stopped  while 
such  small  boat  is  at  the  shore,  and  until  such  passenger  shall 
have  left  the  small  boat  and  be  on  board  of  the  steam  boat, 
except  as  hereinafter  specified. 


'STEAMBOATS.  77 

When  line  may  be  used  to  land  passengers  ^  SjC 
§  4.  "  Passengers  may  be  landed  in  a  small  boat  by  means 
of  a  line  from  the  steam  boa*,  and  boats  from  the  shore  con- 
taining passengers  may  be  drawn  to  a  steam  boat,  by  means 
of  a  line  hauled  in  by  hand;  but  in  no  case  shall  the  line  be 
attached  to,  or  hauled  in,  by  the  machinery  of  the  steam  boat. 

During  landing  8fc.  of  passengers.  Engine  to  stop. 

§5.  "  During  the  time  of  landing  and  receiving  any  pas- 
senger, the  engrne  df  the  steam  boat  shaH  not  be  put  in  mo- 
tion, except, 

1.  To  give  sufficient  force  to  carry  the  small  boat  to  the 
^hore ;  or, 

2*  To  keep  the  steam  boat  in  proper  direction,  and  to  pre* 
vent  her  from  drifting  or  being  driven  on  shore. 

Oars  in  small  boats. 
§  6.  "  In  every  small  boat,  while  landing  or  receiving  any 
passenger  from  or  on  board  of  an^  steam  boat,  there  shall  be 
kept  a  good  and  sufficient  pair  of  oars  sukable  for  such  smtli 
boat ;  and  in  landing  or  receiving  any  passenger  in  the  night 
time,  there  shall  be  a  signal  given  from  the  small  boat  at  the 
45hore,  by  means  of  a  horn  or  trumpet,  to  enable  those  having 
okarge  on  board  the  steam  boat,  to  determine  when  the  small 
boat,  having  landed  or  received  her  passengers,  is  ready  to 
leave  the  shore. 

Navigation  of  Steam  boats  going  (he  s&me  direction. 
§  7.  "  Whenever  any  steam  boat  shall  be  going  in  the  same 
•direction  with  another  steam  boat  ahead  of  it,  it  shall  not  be 
lawful  to  navigate  the  first-mentioned  boat  so  as  to  approach, 
or  pass  the  other  boat  so  being  ahead,  within  the  distance  of 
twenty  yards ;  and  it  shall  not  be  lawful  so  to  navigate  the 
steam  boat  so  being  ahead,  as  unnecessarily  to  bring  it  within 
twenty  yards  of  the  steam  boat  following  it. 

To  carry  Lights  in  siigkl  time* 
§  8.  Whenever  any  steam  boat  shall  be  navigating  in  ttie 
night  time,  the  master  '^f  such  boat  shall  cause  her  to  carry 
and  show  two  good  and  sufficient  lights,  one  of  which  shall  be 
exposed  near  her  bows,  and  the  other  near  her  stern,  and  the 
last  shall  be  at  least  twenty  feet  above  her  deck. 

Penalty  for  violaling  the  last  eight  sections. 

§  9.  "  Every  master  of  any  steam  boat,  who  shall  violate 

either  of  the  jareceding  eight  sections,  shall,  for  every  such 

offence,  forfeit  the  sum  of  two  hundred  and  fifty  dollars,  to  be 

sued  for  in  the  name  of  the  people,  by  the  district  ^ttprney 


78  STEAMBOATS. 

of  any  county  bordering  on  the  waters  on  which  the  offence 
shall  have  been  committed,  to  whom  notice  shall  first  be  given 
of  the  commission  of  such  offence.  The  penalty,  when  re- 
covered, shall  be  paid  into  the  county  treasury  of  the  county 
for  which  such  district  attorney  shall  have  been  appointed,  for 
the  use  of  the  poor  of  the  county,  except  that  the  court  in 
which  the  recovery  shall  be  had,  may  order  such  portion 
thereof,  not  exceeding  twenty-five  dollars,  as  it  shall  deem 
just,  to  be  paid  to  the  district  attorney  by  whom  the  suit  shall 
have  been  prosecuted,  as  a  compensation  for  his  services  and 
expenses,  beyond  the  taxable  costs  to  be  recovered  by  him. 

Owners  liable  far  penalties  incwred  hy  masters. 
§  10  "  The  owners  of  every  steam  boat  shall  be  deemed  re- 
sponsible for  the  good  conduct  of  the  masters  employed  by 
them ;  and  if  any  penalty  incurred  by  such  master  cannot  be 
collected  of  him  by  due  course  of  law,  the  same  may  be  re- 
covered from  the  owners  of  the  boat  in  whose  employ  he  was 
at  the  time  such  offence  was  committed,  jointly  and  severally, 
in  the  same  manner  as  if  they  were  sureties  of  such  master. 

Punishment  for  attaching  line  ta  machinery  of  boat. 
§  11.  "  In  case  any  line  used  for  the  purpose  of  landing  or 
receiving  passengers,  shall  be  attached  in  any  way  to  the  ma- 
chinery cf  any  steam  boat,  or  the  small  boat  shall  be  hauled  in 
by  means  of  such  machinerj^,  the  person  having  the  command 
or  charge  of  such  steam  boat,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction,  shall  be  punished  by  fine  or  im- 
prisonment, or  both,  in  the  discretion  of  the  court  before  which 
such  conviction  shall  be  had  ;  but  such  fine  shall  not  exceed 
two  hundred  and  fifty  dollars,  and  such  imprisonment  three 
months. 

Vessels  to  show  Lights  in  the  night  time, 
§  12.  "  Whenever  any  vessel  navigating  that  part  of  the 
Hudson  river  which  is  north  of  the  battery,  at  the  southern 
extremity  of  New  York,  or  navigating  lake  Champlain,  shall 
be  at  anchor  in  the  night  time,  the  master  of  such  vessel  shall 
cause  her  peak  to  be  lowered,  and  shall  cause  a  good  and  suf- 
ficient light  to  be  shown  in  some  part  of  her  rigging,  at  least 
twenty  feet  above  her  deck,  and  from  her  taffrail ;  under  the 
pena'.ty  of  fifty  dollars,  to  be  sued  for  and  recovered,  against 
the  master  of  such  vessel,  by  the  overseers  of  the  poor  of  the 
city  or  town  in  which  the  offence  shall  have  been  committed. 
And  in  case  such  penalty  cannot  be  collected  from  the  master, 
the  owners  of  such  vessel  shall  be  liable  therefor,  as  provided 
in  the  preceding  tenth  section-^ 


STEAMBOATS.  79 

§  13.  "  The  provisions  of  section  tenth,  (12th)  title  tenth, 
chap.  20th  of  the  First  Part  of  the  Revised  Statutes,  shall  ex- 
tend to  the  harbor  of  New  York,  embracing  the  bay  as  far  as 
the  village  of  Castleton,  on  Staten  Island,  and  thence  up  the 
East  river  as  far  as  the  south  point  of  BlackwelPs  Island. 
First  14  sections  to  be  posted  in  every  steam  boat. 

§  14.  [Sec.  13.]  "  It  shall  be  the  duty  of  the  master  of 
every  steam  boat  navigating  the  waters  of  this  state,  to  keep 
a  copy  of  the  first  fourteen  sections  of  this  title  posted  in  a 
conspicuous  place  in  such  boat,  for  the  inspection  of  all  per- 
sons on  board  the  same  ;  and  in  case  of  neglect  herein,  every 
such  master  shall  forfeit  at  the  rate  of  twenty-five  dollars  per 
month,  for  all  the  time  during  which  he  shall  be  guilty  of 
such  neglect,  to  be  sued  for  and  recovered  in  the  name  of  the 
people  of  this  state,  by  the  district  attorney  of  any  county 
bordering  on  the  waters  on  which  the  offence  shall  have  been 
committed,  to  whom  notice  shall  first  be  given  of  the  commis- 
sion of  such  offence.  The  penalty,  when  recovered,  shall  be 
for  the  use  of  the  poor  of  the  county  for  which  the  district 
attorney,  by  whom  the  suit  shall  have  been  prosecuted,  was 
appointed. 

Term  "  Master'*^  defined. 

§  15.  [Sec.  14.]  "  The  term  "  master,"  whenever  it  occurs 
in  the  foregoing  sections,  shall  be  construed  to  apply  to  every 
person  having,  for  the  time,  the  charge,  control  or  direction  of 
any  steam  boat,  or  other  vessel  comprised  within  the  pro- 
visions of  those  sections. 

Prohibition  against  obstructions  in  the  channel  of  Hudson  River. 

§  16.  [Sec.  15.]  *'  No  person  shall  make  use  of  any  set-nets, 
weirs,  hoop-nets,  or  fikes  in  the  channel  of  Hudson  river,  at 
any  place  between  the  city  of  New  York  and  the  state  dam  at 
Fort  Edward  ;  nor  shall  any  person  set,  drive  or  place,  or  cause 
to  be  set,  driven  or  placed,  any  hedge,  stake,  stone,  post,  pole, 
anchor,  or  any  other  fixture,  for  any  purpose  whatever,  in  the 
said  channel,  at  any  place  within  the  points  above  specified. 
Obstructions  at  and  below  New  York. 

§  17.  [Sec.  16.1  "  No  person  shall  set  or  place,  or  cause  to 
be  set  or  placed,  during  the  months  of  March,  April  or  May, 
in  any  year,  in  any  of  the  waters  of  this  state  at  or  below  the 
city  of  New  York,  any  fike-net,  gill-net,  hoop-net,  set-net,  or 
any  other  net  or  weir,  by  means  of  any  hedge,  stake,  stone, 
post,  pole,  anchor,  or  any  other  fixture,  to  extend  into  the 
channel  of  said  waters,  or  to  any  greater  distance  from  the 
shore,  in  any  case,  than  twenty  rods  from  the  ordinary  low 


80  STEAMBOATS. 

water  mark.  Whoever  shall  violate  the  provisions  of  this  or 
of  the  preceding  section,  shall,  for  every  ofll  nee,  forfeit  the 
sum  of  one  hundred  and  fifty  dollars,  for  the  use  of  the  poor  of 
the  county  in  which  such  offence  shall  be  committed,  to  be 
sued  for  in  the  name  of  the  people,  by  the  district  attorney  of 
any  county  bordering  on  the  waters  on  which  the  offence  shall 
have  been  committed,  to  whom  notice  shall  first  be  given  of 
ihe  comaiission  of  such  offence. 

La^  section  ^qualified. 
§  \^.  [Sec.  17]  "The  last  preceding  section  !^ all  not  be 
construed  lo  affect  any  special  regulation  heretofore  made  by 
law,  and  now  in  force,  concerning  the  placing  of  nets  or  ob- 
structions in  the  waters  adjacent  to  Staten  Island,  and  to  the 
town  of  New  Utrecht. 

Provisions  against  obstructions  out  of  channel  of  Hudson  River  > 
§  19.  [Sec.  18.]  "  No  person  shall  make  useofanyfike-net, 
gill-net,  hoop-net,  set-net,  or  any  other  net  or  weir,  nor  set, 
drive  or  place  any  hedge,  stake,  stone,  post,  pole,  anchor,  or 
any  other  fixture,  in  any  part  of  Hudson  river,  out  of  the  chan- 
nel thereof,  between  the  city  of  New  York  and  the  state  dam 
at  Fort  Edward,  other  than  such  as  are  permitted  to  be  used 
or  placed  for  the  purpose  of  catching  iish,  in  the  next  title  of 
this  chapter.  Whoever  shall  violate  either  of  the  provisions 
of  this  section,  shall, for  every  offence,  forfeit  the  sum  of  twen- 
ty-five dollars,  for  the  use  of  the  poor  of  the  city  or  town  in 
which  such  offence  shall  be  committed ;  and  shall  be  liable  to 
indictment  for  a  misdemeanor,  punishable  on  conviction,  by  a 
fine  not  exceeding  fiv^e  dollars,  or  by  imprisonment  in  a  county 
jail  not  exceeding  thirty  days,  or  by  both  such  fine  and  im- 
prisonment." 

MANSLAUGHTER, 

The  following  sections  of  the  Kevised  Statutes,  apply  to 
masters  of  vessels  and  steam  boats,  and  are  worthy  of  perusal. 

§  15.  *'  Any  person  navigating  any  boat  or  vessel  for  gain, 
who  shall  wilfully  or  negligently  re-ceive  so  many  passengers, 
or  such  a  quantity  of  other  lading  that  by  means  thereof  such 
boat  or  vessel  shall  si«k  or  everset,  and  thereby  any  human 
being  shall  be  drowned  or  oiherwise  killed,  shall  be  deemed 
guilty  of  manslaughter  in  the  third  degree, 

§  16.  ''  If  the  captain,  or  any  otJier  person  baving  charge  of 
any  steam  boat  used  for  the  conveyance  of  passengers,  or  if 
the  engineer  or  other  person  having  cha^-ge  of  the  boiler  of 
such  boat,  or  of  any  other  apparatus  for  the  generation  of 
steam,  shall,  from  ignorance  or  gross  neglect,  or  lor  t^e  pw- 


STEAMBOATS.  81 

pose  of  excelling  any  other  boat  in  speed,  create,  or  allow  to 
be  created,  such  an  undue  quantity  of  steam  as  to  burst  or 
break  the  boiler  or  other  apparatus  in  which  it  shall  be  ge- 
nerated, or  any  apparatus  or  machinery  connected  therewith, 
by  which  bursting  or  breaking  any  person  shall  be  killed ; 
every  such  captain,  engineer  or  other  person,  shall  be  deemed 
guilty  of  manslaughter  in  the  third  degree." — Revised  Statutes^ 
vol.  2^  page  551. 

Punishment  for  third  degree  of  Manslaughter. 
"  If  convicted  of  manslaughter  in  the  third  degree,  shall  be 
punished  by  imprisonment  in  the  states  prison  for  a  term  not 
more  than  four,  and  not  less  than  two  years." 

MKS  DEMEANORS. 

§  24.  "  Every  person  navigating  any  boat  or  vessel  for  gain, 
"who  shall  wilfully  receive  so  many  passengeis,  or  such  a  quan- 
tity of  other  lading,  on  board  such  boat  or  vessel,  that  by 
means  thereof  such  boat  or  vessel  shall  sink  or  overset,  and 
the  life  of  any  human  being  shall  be  endangered  thereby,  shall, 
upon  conviction,  be  adjudged  guilty  of  a  misdemeanor. 

§  25.  **  If  the  captain,  or  any  other  person  having  charge 
of  a  steam  boat  used  for  the  conveyance  of  passengers ;  or  if 
the  engmeer  or  other  person  having  charge  of  the  boiler  of 
such  boat  or  of  any  apparatus  therein,  for  the  generation  of 
steam,  shall,  from  ignorance,  or  gross  neglect,  or  for  the  pur- 
pose of  excelling  any  other  boat  in  speed,  create,  or  allow  to 
be  created,  such  an  undue  quantity  of  steam  as  to  burst  or 
break  the  boiler  or  other  apparatus  in  which  such  steam  shall 
be  generated,  or  any  apparatus  or  machinery  connected  there- 
with, by  which  bursting  or  breaking,  human  life  shall  be  en- 
dangered, every  such  captain,  engineer  or  other  person,  shall 
be  adjudged  guilty  of  a  misdemeanor." 
Punishment. 

§  45.  "  Every  person  who  shall  be  convicted  of  any  mis- 
demeanor, the  punishment  of  which  is  not  prescribed  in  this 
or  some  other  statute,  shall  be  punished  by  imprisonment  in 
a  county  jail  not  exceeding  one  year,  or  by  fine  not  exceeding 
two  hundred  and  fifty  dollars,  or  by  both  such  fine  and  im- 
prisonment. 

§  46.  "  The  court  before  which  any  person  shall  be  con- 
victed of  an  offence  punishable  by  imprisonment  in  a  county 
jail,  may  sentence  such  person  to  be  imprisoned  in  a  solitary 
cell  in  such  jail,  if  any  such  be  erected  ;  but  such  imprison- 
ment shall  in  no  case  exceed  thirty  days  in  the  whole." — Re- 
vised Statutes,  vol.  2,  page  579. 


82  STEAMBOATS. 

REGULATION  OF  THE  SPEED  OF  STEAMBOATS. 

The  two  first  sections  of  the  act  to  regulate   the  speed  of 
steamboats,  passed  April  16th,  1839,  were  repealed  and  the 
sections  below  passed  in  their  stead  on  May  2,  1844* 
Restriction. 

§  "  No  steamboat  navigating  the  Hudson  river,  shall  pro- 
ceed or  be  propelled  with  greater  speed  than  at  the  rate  of  six 
miles  an  hour,  while  such  boat  is  passing  any  part  of  the  pub- 
lic works  constructing  in  said  nver,  during  the  time  the  said 
public  works  are  under  construction  by  the  government  of  the 
United  States,  for  the  improvement  of  the  navigation  thereof 
south  of  the  city  of  Albany,  and  between  the  said  city  of  Al- 
bany and  the  city  of  Troy.  And  no  steamboat  navigating 
said  river,  shall  pass  that  part  of  said  river  opposite  the  docks, 
piers  or  wharves  in  the  city  of  Albany  with  greater  speed  than 
at  the  rate  of  six  miles  an  hour. 

Penalty. 

§  2.  "  If  any  master  of  any  steamboat,  or  any  person  hav- 
ing the  charge  or  command  of  any  steamboat,  shall  violate,  or 
cause  or  permit  to  be  violated,  the  provisions  of  the  preceding 
section  of  this  act,  he  shall,  for  every  such  offence,  forfeit  the 
sum  of  one  hundred  dollars,  to  be  sued  for  in  the  name  of  the 
people,  by  the  district  attorney  of  any  county  t-crdering  on  the 
waters  of  that  part  of  the  said  river  on  which  the  offence  shall 
have  been  committed,  to  whom  notice  shall  first  be  given  of 
the  commission  of  such  offence.  The  penalty,  when  reco- 
vered, shall  be  paid  into  the  county  treasury  of  the  county  for 
which  such  district  attorney  shall  have  been  appointed,  for  the 
use  of  the  poor  of  the  county. 

Repeal. 

§  3  "  The  first  and  second  sections  of  the  act  entitled  "An 
act  to  regulate  the  speed  of  steamboats,"  ])assed  April  15, 1839, 
are  hereby  repealed. 

§  4.  "  This  act  to  take  eff*ect  immediately." 

The  following  sections  of  the  statute,  passed  15th  April, 
1839,  are  still  in  force. 

^3  "If  the  captain  or  any  other  person  having  charge  of 
any  steam  boat  navigating  any  waters,  within  the  jurisdiction 
of  this  state,  and  used  for  the  conveyance  of  passengers,  or 
if  the  engineer  or  other  person  having  charge  of  the  boiler  of 
such  boat,  or  of  any  other  apparatus  for  the  generation  of 
steam,  shall,  for  the  purpose  of  excelling  any  other  boat  in 
speed  or  for  the  purpose  of  increasing  the  speed  of  such  boat, 


STEAMBOATS.  83 

* 

create  or  allow  to  be  created  an  undue  or  an  unsafe  quantity 
of  steam,  every  such  captain,  encjineer,  or  other  peison  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  also  for  every 
suchoflfence  forfeit  the  sum  of  five  hundred  dollars,  to  be  sued 
for,  in  the  name  of  the  peoj)le,  by  the  district  attorney  of  any 
county  of  this  state,  to  whom  notice  >hall  first  be  given  of 
such  offence ;  the  penalty,  when  recovered,  shall  he  paid  as 
follows  :  fifty  dollars  lo  the  informer,  and  the  residue  into  the 
county  treasury  of  the  county  for  which  such  district  attorney 
shall  have  been  appointed,  for  the  use  of  the  poor  of  the 
county,  except  that  the  court  in  which  the  recovery  shall  be 
had  may  order  such  portion  thereof,  not  exceeding  filty  dollars, 
as  it  shall  deem  just,  to  be  paid  to  the  district  attorney,  by 
whom  the  suit  shall  have  been  prosecuted  as  a  compensation 
for  his  services,  beyond  the  taxable  costs  to  be  recovered  by 
him. 

§  4.  "  If  any  penalty  incurred  by  any  captain  or  master  of 
any  steam  boat,  or  by  any  person  having  charge  thereof,  or 
by  any  engineer  or  other  person  having  charge  of  the  boiler  of 
such  boat,  or  of  any  other  apparatus  for  the  generation  of 
steam,  and  the  penalties  of  this  act  cannot  be  collected  of 
them  by  a  due  course  of  law,  the  same  may  be  recovered  in 
like  manner  as  against  them,  of  the  owners  of  the  boat  in 
whose  employ  they  were  at  the  time  such  offence  was  com- 
mitted, jointly  and  severally,  as  if  such  owners  were  sureties 
of  such  captains,  masti-r,  engineer  or  otner  person 

§  5.  "  It  shall  be  the  duty  of  the  master  of  every  steam 
boat  navigaiing  the  waters  of  this  state,  to  keep  a  copy  of  the 
third,  fourth  and  fifth  sections  of  this  act  posted  in  a  conspi- 
cuous place  in  such  boat,  for  the  inspection  of  all  persons  on 
board  the  same ;  and  in  case  of  a  neglect  to  comply  with  this 
provision,  he  shall  be  liable  to  the  penalty  inflicted  by  the 
fourteenth  section  of  title  ten,  of  chapter  twenty  of  the  first 
part  of  the  Revised  Statutes,  to  be  sued  for  and  applied  in  the 
manner  prescribed  in  such  section." 

"  AN  ACT  to  protect  Hudstm  and  Poughkeepsie  from  fires 

from  Steamboats. 

(P.sseH  M.rch  29    1839) 

Duty  of  Steamboat  Commanders. 

§  1.  "  It  shall  be  the  duty  of  every  captain  or  other  person 

having  charge  of  a  steamboat  navigating  the  Hudson  river,  and 

of  every  engineer  and  fireman  thereof,  to  cause  the  dampers 

in  the  pipes  or  chimneys  of  said  boats  to  be  closed,  or  in  some 

other  manner  to  prevent  the  escape  of  sparks  and  coals  from 

said  chimneys  or  pipes  while  passing  through  the  eastern  side 


84  STEAMBOATS. 

of  said  river,  opposite  to  or  in  front  of  the  city  of  Hudson  and 
village  of  Poughkeepsie,  and  while  landing  passengers  or 
freight,  and  while  lying  at  the  docks  or  wharves  of  said  city 
or  village.  • 

Penalty  for  Neglect. 

§  2.  "  Every  such  captain  or  other  person  having  charge 
of  such  steamboat,  and  every  engineer  and  fireman  thereof, 
who  shall  violate  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  pu- 
nished by  fine,  not  exceeding  one  hundred  dollars,  or  by  im- 
prisonment, not  exceeding  three  mouths,  or  by  both  such  fine 
and  imprisonment. 

Liability  of  Owners. 

§  3.  "  Every  such  person  as  aforesaid,  and  the  owner  or 
owners  of  such  steamboats,  shall  be  jointly  and  severally  lia- 
ble for  all  damages  by  fire  occasioned  by  such  violation. 

Act  to  take  effect. 
§  4.  "  This  act  shall  take  effect  immediately." 

UMCLAIMED  TRUNKS  &  BAGGAGE.     . 

An  Act  relative  to  unclaimed  Trunks  and  Baggage. 
(Passed  May  2,  1837    Chap.  300.  p   311  ) 
Description  to  be  entered  in  a  Book. 

§  1.  "  The  proprietor  or  proprietors  of  the  several  lines  of 
stages,  and  the  proprietors  of  the  several  canal  boat  lines,  and 
the  proprietors  of  the  several  steamboats,  and  the  several  in- 
corporated railroad  companies,  and  the  keepers  of  the  several 
inns  and  taverns  within  this  state,  who  shall  have  any  un- 
claimed trunks,  boxes  or  bag^ag*^  within  his,  their,  or  either 
of  their  custody,  shall  immediately  enter  the  time  the  same 
was  left,  with  a  proper  description  thereof,  in  a  book  to  be  by 
them  provided  and  kept  for  that  purpose.  In  case  the  name 
and  residence  of  the  owner  shall  be  ascertained,  it  shall  be 
the  duty  of  such  person  who  shall  have  any  such  property  as 
above  specified  loimmediately  notify  the  owner  thereof  by  mail. 

§  2.  "  In  case  there  shall  not  be  any  information  obtained 
as  to  the  owner,  it  shall  be  the  duty  of  the  person  having  the 
possession  thereof,  to  make  out  a  correct  written  description 
of  all  such  property  as  shall  have  been  unclaimed  for  thirty 
days,  stating  the  time  the  same  came  into  his  possession,  and 
forward  said  description  to  the  editor  of  the  state  paper,  whose 
duty  it  shall  be,  on  the  first  Mondays  of  July,  October,  Ja- 
nuary and  April  in  each  year,  to  publish  the  same  in  the  state 
paper  once  a  week  for  three  weeks  successively. 


Lien  on  Property.  85 

§  3.  "  In  case  the  said  property  shall  remain  unclaimed  for 
sixty  days  after  the  said  publication,  it  shall  be  the  duty  of 
the  person  or  company  having  ()Ossession  thereof,  to  apply  to 
a  magistrate  of  the  townorciiy  in  which  said  property  is  re- 
tained, in  whose  presence  and  under  whose  direction  said 
property  shall  be  opened  and  examined,  and  an  inventory 
thereof  taken  by  said  magistrate ;  and  if  the  name  and  re- 
sidence of  the  owner  is  ascertained  by  such  examination,  it 
shall  be  the  duty  of  the  magistrate  forthwith  to  direct  a  notice 
thereol  to  such  owner,  by  mail :  and  if  said  property  shall 
remain  unclaimed  for  three  months  after  such  examination,  it 
shall  be  the  further  duty  of  the  person  or  company  having  pos- 
session thereof  to  apply  to  a  magistrate  as  aforesaid  ;  and  if 
said  magistrate  shall  deem  such  property  of  sufficient  value, 
he  shall  cause  th^  same  to  be  sold  at  public  auction,  giving 
six  days  previous  notice  of  the  time  and  place  of  sale  ;  and 
from  the  proceeds  of  such  sale  he  shall  pay  the  charges  and 
expenses  legally  incurred  in  respect  to  said  property,  or  a  ra- 
table proportion  thereof  to  each  claimant,  if  insufficient  for 
the  payment  of  the  whole  amount :  and  the  balance  of  the 
poceeds  of  such  sale,  if  any,  the  said  magistrate  shall  imme- 
diately pay  to  the  overseers  of  the  poor  of  said  town  or  city, 
for  the  use  of  the  poor  thereof;  and  the  said  overseers  shall 
make  an  entry  of  such  amount,  and  the  time  of  receiving  the 
game,  upon  their  official  records,  and  it  shall  be  subject,  at  any 
time  within  seven  years  thereafter,  to  be  reclaimed  by,  and  re- 
funded to,  the  owner  of  such  property,  his  heirs  or  assigns, 
on  satisfactory  proof  of  such  ownership. 


Expenses  to  be  a  Lien  on  Property. 

§  4.  "  The  person  n»aking  the  entry  of  unclaimed  property 
as  above  specified,  shall  be  entitled  to  twelve  and  a  half  cents 
for  each  trunk,  box,  bale,  package  or  bundle  so  en'ered,  and 
shall  have  a  lien  on  the  property  so  entered,  until  payment 
shall  be  made ;  and  in  case  any  additional  expense  shall  be 
incurred  for  printing,  the  lien  shall  continue  until  payment 
shall  be  made  for  such  additional  expense. 

§  5.  "  In  case  any  person  shall  neglect  or  refuse  to  comply 
with  the  provisions  of  this  act,  he  shall  forfeit  the  sum  of  five 
dollars  for  each  and  every  trunk,  box  or  bundle  of  baggage  so 
neglected  as  above  specified,  Vo  the  benefit  of  any  person  who 
shall  sue  for  the  same,  in  his  own  name,  in  an  action  of  debt 
in  any  court  having  cognizance  thereof." — See  General  Sta- 
tutes y  page  542. 

8 


m 


66  GOODS    OF    FREIGHT. 

GOODS  ON  FREIGHT. 

"  An  Act  to  amend  so  much  of  part  second  of  chapter  Jive  of 
the  Revised  Statvtes^  as  relates  to  attachments  against  non- 
residents or  absconding  debtors. 

(Passed  M«y  25,1841,) 
§  1.  "It  shall  be  lawful  for  the  owners  or  masters  of  any 
ship  or  vessel  on  board  of  which  the  goods  of  any  non-resident, 
concealed  or  absconding  debtor  shall  have  been  shipped  in 
good  faith,  for  the  purpose  of  transportation,  without  reship- 
ment  or  transhipment  in  this  state,  to  any  port  or  place  out  of 
this  state,  to  transport  and  deliver  such  goods  according  to 
their  destination,  notwithstanding  the  issuing  of  any  attach- 
ment against  such  debtor,  unless  the  attaching  creditor,  his 
agent  or  attorney,  shall  execute  a  bond  with  sufficient  sure- 
ties to  any  or  either  of  the  owners  or  masters  of  the  vessel  on 
board  of  which  such  goods  .♦jhall  be  shipped,  conditioned  to 
pay  such  owner  or  master  all  expenses,  damages  and  charges 
which  may  be  incurred  by  such  owners  or  master  or  to  which 
they  may  be  subjected  for  unlading  said  goods  from  said  ves- 
sel, and  for  all  necessary  detention  of  said  vessel  for  that  pur- 


§  2.  "  This  act  shall  not  extend  to  any  case  where  such 
owner  or  master,  either  before  or  at  the  time  of  the  shipment 
of  such  goods,  shall  have  received  actual  information  of  the 
issuing  of  such  attachment,  nor  where  the  owner  or  the  mas- 
ter of  any  vessel  have  in  any  wise  connived  at  or  been  privy 
to  the  shipment  of  such  goods  for  the  purpose  of  screening 
them  from  legal  process,  or  for  the  purpose  of  hindering,  de- 
laying or  defrauding  creditors." 


The  foregoing  pages  contain  all  the  Laws  of  the  State  of  New 
York,  and  the  ordinances  of  the  Corporation  of  the  City  of 
New  Y"ork  on  the  subject  proposed  by  this  compilation.  The 
Laws  of  the  United  States  of  America,  as  found  in  the  Acts  of 
Congress  and  in  the  decisions  of  the  Supreme  Court,  will  form 
the  subject  matter  of  another  compilation  now  in  progress,  and 
which  will  be  leady  for  distribution  at  an  early  period. 


SHIPMASTER'S  DIRECTORY, 


FOR  THE 


PORT  OF  NEW  YORK. 


Shipmasters  will  here  find  the  address  of  established  Ship  Chandleri^ 
Merchants,  Shipwrights,  Ship  Smiths,  Sailmakers,  Caulkers,  and 
persons  engaged  in  furnishing  every  material  for  fitting  vessels  for  sea. 

SHIP  CHANDLERS. 

A. 

Atkins,  Bdwin, 38  South  street. 

Aymar,  Samuel, 50  South  street. 

Arrosmith,  Beiuamin  22., 125  Broad. 

B. 

Bnrr,  1.  A., 109  South  street. 

Bloomfield,  S.  tf^B.  8 13  South  street. 

Bayles,  ST.  K.,    196  South  street 

Banker,  Bdward 49  South  street 

Bailey,  Vim.  S,, 162  South  street. 

c. 

Cadmns  6l  Clough, 195  West  street. 

Coles  6l  Thorn, 91  West  street 

Collis  dL  ZMXitchell, 175  South  street. 

Coffin,  A.  James, 21  Coenties  Slip. 

D. 
Bellatorre,  Joseph,     283  Front  street 

F. 

Freeborn,  "William  A., 254  South  street 

Pranklin,  B.  G-eorge, 173  West  street. 

G. 
Gnmee,  TXT.  Francis, 412  West  street 

H. 

Butchinson,  Ira, 304  West  street 

Bicks,  Bailey  6l  Co., I62  South  street 


SHIP  CHANDLERS. 
Hazard,   James, 302  South  street. 

Kicks,    Robert  6l  Sons, S6  South  street. 

Kance,  John, 210  South  street. 

J. 

Jenkins,  B.  William,    145  West  street. 

Judah,  SamuelJ»r., 4d  West  street. 

K. 
Satterhorn,  Herman, 19  Coenties  Slip. 

L 

ZiewiS  6l  Co., ^  South  street. 

Ziewis,  K.  dL  Co., 260  South  street. 

M. 

XIEerritt  6L  Co., 58  South  street. 

XMCott,  Horatio, 313  West  street. 

naitChell,  Ii.  Wm., 175  South  street. 

N. 

Nelson,  B^  C  6L  Co-  ....r 183  West  street. 

P. 

Pratt,  Charles  H,  . 85  South  street. 

Phillips,  Imas  N  , .85  Pike  Slip. 

Q.  '   • 

Quintard,  George  W  > .28  South  street. 

R. 

B.obinson,  Samuel  P, us  Wall  street. 

Roberts  6l  Z^ichael, 118  West  street. 

Ring,  Creorge  W- 232  South  street. 

Roberts,  Edward  Z  , 232  South  street. 

s. 

Squire,  Ii,  Lewis 283  Front  street. 

Squire,  N-  Horatio, cor.  West  and  Rector. 

Sandford,  IMCichaeL 331  West  street. 

Secor,  A   Charles  d£.  Co-> 68  West  street. 

Stiles,  TXT  John, 39  South  street. 

Schermerhorn  dc  E  anker, 49  South  street. 

Shear,  Waldron, 303  West  street 

T 
Tyson  dL  Judah, 46  West  street- 
Terry,  IMC-  Charles, IO6  South  street 


SHIP  CHANDLERS.  iii. 

U. 
Underwood,  VTm-  B-, 32  Old  Slip. 

W. 

IVright  dL  Roberts. 232  Front  street. 

IXTendall  6c  Abbott S3  South  street. 

Walsh,  Thaddeu-3  B-, 260  South  street. 

IXTilliams  tf&  Hinman 169  South  street. 

IXTard,  James  Oo 27  South  street. 


SHIP  AND  PROVISION  STORES. 

A. 

Ashbey,  Samuel  B-, 105  South  street. 

Ayres  dL  Tunis* 4  South  street. 

B. 

Baldwin  dL  Jewell. King  cor.  West  street. 

Beers  6l  Bogart, 177  South  street. 

Belden,  David, i70  Went  street. 

Bell,  aeorg-e  dL  Co-, 107  South  street. 

c. 

Cocks,  John  D-, 192  South  street. 

Coddington,  Charles, m  South  street. 

Cog-geshall  dL  Tappin, 187  South  street. 

Cole,  Barnet 54  West  street. 

D. 
Dibble,  Joseph  D  , «.106  West  street. 

F. 

Pelch,  Charles, ••  eo  South  street. 

Frisby,  XSdward, 31  South  street. 

Fish,  James  D  , 105  South  street. 

G. 

Oibney,  John, 175  West  street. 

dilmore  A  Carroll,    278  Water  street. 

H. 

Horton,  J-  A-, 199  South  street. 

Baight,  G-eorg-e  £., 205  West  street. 

J. 

Jessup,  Silas  B- ns  West  street. 

8* 


i¥.  SHIP  A^D  PROVISION  STORES. 

K. 

Kirtland>  Gilbert  A,  205  South  sti^eet. 

Seily,  Ziawrence, 84  West  streets 

M. 
IMCarsh,  A  dLVfTT,, 153  West  street. 

R. 

Radford.  VH^rx^  • 2®2  West  street. 

S. 
Sherman  6l  Stark, 29  South  street. 

Spafibrd,  John,     cor.  West  and  King  street.. 

Schermerhorn,  V-  CorL 4i6  We&t  street. 

Scott?  James*    I88  South  street. 

u. 

l^deKhilLdL  Boole, ISl  South  street. 

y. 

TTanhorn,  Theodore, 157  West  street. 

Vankleech,  Edgar, 172  West  street. 

Vanno strand,  Henry  I^., U6  West  street. 

W. 

MfTickoff,  Samuel  S  6L  Co-, 102  Vesey  street. 

IValton  dL  Badger, 191  South  street. 

SAILMAKERS. 

Bennet  dL  Stewart, ^.308  West  street. 

Armour,  John  A, 167  South  street 

Bakewell,  Jos-, 85  West  street. 

Bakewell,  ThOS> 167  South  street.. 

c. 

Crolius,  Edward, cor.  of  Christopher  and  West. 

Cartwright,  Wm-, IO6  South  street. 

Bttgan,  IXTilliam T> * 1  South  street. 

E. 
Elsworth,  IXrilliam, -  ►  ► . 195  West  street. 

F. 

Folger,  Charles  HE , 67  South  street. 


SAILMAKERS.  v. 

G. 

G-lin.  XMCc  James>    304  West  street. 

H. 
Bazley  6L  Co  , 91  West  street. 

M. 

BKacy  dL  Ilich> 1 69  South  street. 

P. 

Patterson.  O-eorge. 315  Front  street. 

Palmer*  Johxi) 333  Front  street. 

SHIPWRIGHTS,  CAULKERS  AND  SPAR  MAKERS. 

D. 

Da3rton>  John  B  > 158  Christopher  street. 

Denike,  Zsaac> 712  Water  street. 

Denike*  ^brm- » "705  Water  street. 

F. 
Frenre>  IMEarcus* 582  Water  street 

G. 

€l-OUld>  Charles. 610  Water  street 

Cl-reen>  ZSdward> 682  Water  street 

J. 

JnbO>  Peter • 679  Water  street. 

jTones*  Joseph) • 486  Water  street. 

N. 
Kamara.  ZIIXc>  Peter* •230  South  street. 

p. 

Poillion.  Cornelias*  .*....«. 443  Water  street. 

Parson*  John* 412  Water  street 

Phillips*  Francis  > 336  Front  street. 

R. 

&nck*  Peter* ^.t..*.  34  Jay  street.. 

s. 

Secor,  Francis*  ^ .68  West  street. 

Sarvis*  Hobert •  •  * 657  Water  street. 

Safien*  James  L-» »..683  Waterstreet     ' 


Tl.          SHIPWRIGHTS,  CAULKERS  AND  SPAR  MAKERS. 
Thompson.   John  "W 19  Front  street. 

Trussell>  Richard. 243  South  street. 

Valentine,  O-eorge  V , 335  Fiont  street. 

Vanhorn,  John> .612  Water  street. 

IXTood  dt.  Ballon, 87  Market  SMp. 

IXTaldron,  James,   486  Water  street. 

IVebb,  SamueL 54  West  street. 


SHIP  JOINERS. 

E. 
SUswOrth,  Baniel  S-, 431  Water  street. 

6. 

Oreen>  William,    207  Seventh  street. 

Gilbert,  John  S  , 266  South  street. 

Johnston.  Thos-  J-, 44  West  street. 

Jarvis,  Brewster, «.»......  482  Water  street 

R. 
Reeves,  Jarvis> ^  .88  Pike  Slip. 

T. -';;:; - 

Terry,  R-  V-, 125  Warren  street. 

w. 

IXTilSOn,  BUJah, 242  South  street. 


SHIP  SMITHS. 

A. 
Atkinson,  Richard, 52  West  street. 

Anderson,  Joseph  O- 281  Front  street. 

H. 

Besketht  Joseph, 204  West  street. 

Besketh,  Wm-, 287  West  street.. 


SHIP  SMITHS.  yii. 

P. 
Place,  S-  R-, 247  South  street. 

R. 

XdobertSi   Stephen.  29-2  Front  street. 

w. 

P7aldron,  James, 486  Water  street. 


BLOCK  MAKERS. 

MS?, 
nXorton.  T  Joseph.  . . . .  r.  "^  ;^.V.   50  West  street. 

Mitchell,   John 92  Market  Slip. 

s. 

staples,  Cleo-  VT 36  Burling  Slip. 


>i^<-A.i«NA^N«%A,/Wi^ 


BOAT  BUILDERS. 

D. 
BarlingT'  V7m-  H, 403  Water  street. 

E. 

Elmore,  "Wm, 351  Front  street 

I. 
'     XngrersoU,  L    Chandler,   406  Water  street. 

p. 

Pearsall,  S-  Samael, East  16th  st.,  near  E.  River. 

T. 

Tobey ,  John  £  , 309,  West  street. 

ToUerton,  Robert  V-, 406  Water  street. 

w. 

\Xraterbnry ,  Franklin, 4S2  Water  street 

V7ebb,  John  B  , 716  Water  street. 

Weekes,  Richd-  P-,     694  Water  street. 


viii.        SHIPPING  OFFICES  FOR  SEAMEJN. 

C. 

Clark>  Jonah> 90  South  street. 

D. 
DHL  Jam8S> 9S  Wall  street. 

G. 

G-Oin>  Poole  dC  FentZ> 39  Burling  Slip. 

G-Oin>  Thomas, 39  Burling  slip. 

RIGGERS. 
A. 

iAinderSOn>  GeQrge> 150  Chamber  street. 

D. 
3>eluce>  Joseph  Antoniot 639  Water  street. 

Dorien,   VSTm-, Kutgers  cor.  South  street. 

E. 

Btheredgre,  Thomas, 5i6  Water  street. 

F. 

Fuller,   BeDJn   , 182  South  street. 

J. 

jFunior,  David, South  cor.  Rutgers. 


NAUTICAL  INSTRUMENT  MAKERS. 
B. 

Blunt,  G.  dt  G-.  TJir,  ..199  Water  St.,  cor.  Burling  Slip. 

Brown  IS.  d^  Son,, No,  27  Fulton  Slip. 

D. 
Davis,  William  C lis  John  street. 

K. 
Kutz,  Brasmus  A, iso  Water  st. 

M. 

XKCegarey  A No.  190  Water  street. 

s. 

Shaw  dL  CQk .^... ......  cor.  Beekman  st.,  and  Watec.. 


I,L_>       LJO*^  /   L- 


INDEX.         ^^ 


« 


A.  page 

Aldermen,  their  authority  over  wharves, 13 

Anchoiing  of  vessels  in  the  river 16  23 

in  docks, 20  29 

Attachments  against  vessels, 38  39  43  44  45  46 

Alien  Emigrants, 53 

B. 

Ballast  Masters  &c., 21  24  25 

Battery  wall — nottolandon ».     1 

Bells, — ringing  of  Boat 21 

Boundaries  of  Corporation, 9  lU 

C. 

Corporation,  power  to  make  bye-law8 8 

Coenties  Slip,  vessels  coming  into  

Craft  small,  to  hava  owners'  names  on <* 17  1 

Cranage 39 

Consignees  of  vessels,  liabili ty , 8  34 

Charcoal  vessels, 25 

Collision  of  vessels, ^* * ***  * '  *^ 

Docks,  throwing  refuse  into 8 

Docks,  incumbering 8 

Dockmasters,  who  are, — their  oflRce,  duty,  &c., 13  14 

F. 

Factors  and  consignees,  liable  for  certain  penalties, 8 

Ferry  Boats 16 

Ferry  Boats,  vessels  not  to  obstruct 30 

Fire  Wardens  to  examine  vessels, 41 

G. 
Gunpowder  in  vessels,  and  the  penalties, 40  41 

H. 

Harbor  Masters,  their  regulations, 27  28  29  30  31  33 

Horns,  blowing  Boat  prohibited, 22 

Hospital  Money,  State  and  United  States, 42 

I. 

Inspector  of  certain  merchandise  shipped, 73  74  75 

L. 

Lumber  Docks 22  23  24 

Lights,  vessels  to  have  29 

Liens  on  vessels  in  Admiralty, 45 

"  by  the  State  Law, 44 


ii.  I  M  D  E  X. 

M. 

Master  and  Wardens  of  the  Port  of  New  York, 33 

*•  "      their  office,  Books  and  Clerk, 34  35  3(3 

Manure  Boat?, 14 

Market  and  small  Boats, 16 

Market  Fulton  Slip,  vessels  not  to  come  in 17 

Marine  Surveyors, 36 

O. 
Ordinances  of  the  Corporation, 10 

P. 

Police  Officers, 14 

Pettiaugers,  to  have  owners'  names  on, 17 

Pilots  and  Pilotage, 48  49  50 

.Passenger  Vessels, 50  51  52 

Q. 
Quarantine  Laws, (chap.  13.)  54  to  79 

S. 

Steamboats,  City  Ordinances, 10  14  21  30  31  50 

«•'  Slips  appropriated  for  them, 15 

«  On  North  River, 76 

«  Baggage  in, 84 

"  To  carry  Lights 77  78 

"  Penalties  ag-ainst  Captains  of, 78 

*«  Captains,  when  liable  lo  punishment, 80 

**  Regulation  of  the  speed  of 82 

Salvage, 40 

V. 

Vessels  running  into  others, 45 

Vessels,  Foreign — duty  of  masters  and  consignees, 34 

Vessels  discharging  cargo,  to  have  berths, 38 

Vessels, — removing  from  wharves, 15 

Vessels — who  to  give  orders  for  removing  them, IG 

Vessels  from  New  Jersey  and  Connecticut, 16 

Vessels  of  five  tons,  and  over, — less  20  tons, 18 

Vessels  Careening,    20 

Vessels  bringing  Wood,  Lime,  Charcoal  and  Hay  to  market,  25  26 

W. 

Wharves,  power  of  Corporation  to  build 5  6 

Wharves,  throwing  ballast  into 7 

Wharves,  Superintendent  of 11  12  13 

Water  Lots,  rights  of  owners  to 5  6  7 

Wharfage,  rates  of  Corporation 18  19 

Wharfage  per  State  Statute, 37  38  39 

Wharfage  yearly,  or  per  day, 19 

Wharfage,  when  careening  or  repairing, 37 

Wharfage  half,  small  vessels, 18  19  37  38 

Wharfage,  collection  of    39 

Wharfinger  and  Captain,  disputes  between 39 

Wharf,  at  the  foot  of  Canal,  Clarkson  and  Amos  streets 27 

«*  ««          Courtlandt  and  Liberty  streets, 15 

"  «*         Spring  st,  Coenties  Slip,  Fulton  Market,  16  17 

Wreckmasters, 

Wrecks  &  Salvage, 46  47  . 

Wrecks, — penalty  for  bringing  into  dnrks Xf  (%,  0 


-^ 


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